A human rights defender has filed a constitutional petition at the High Court over tenders given by the defunct Nairobi Metropolitan Services (NMS) for the construction of health facilities in the informal settlements.
Francis Awino has sued Megascope Healthcare Limited, which is associated with businessman Richard Ngatia over contracts it got from NMS worth Sh869 million.
In his affidavit, Awino says that there were irregularities and circumvention of the law by Megascope for it to secure the contracts.
“There was illegal unlawful and irregular misuse of taxpayers' money a fact that was actually confirmed by the Auditor General in her reports for the years 2021/2022 financial year,” reads his affidavit.
He says that The Ministry of Health got into a contract with Amref Health Africa for the construction and equipping of 19 level two and level three facilities within Nairobi County.
The facilities were to be constructed in Sinai, Pumwani/Majengo, Lucky Summer and Gumba/Mathare.
The project was to be implemented within 90 days and would cost Sh869 million.
Amref obtained a license as a procurement agent for the Ministry of Health and it appointed Megascope to do the construction work.
“Nairobi Metropolitan Services entered into a Deed of Assignment with the Ministry of Health for the construction and equipping the 19 level two and level three facilities in Nairobi,” reads the affidavit.
Awino says that despite the company getting paid the full cost, the construction work stood at different levels in the 19 facilities by the time the audit was being done.
He says that there was no reason given by the company for the slow progress of the work despite being paid in full.
“It was concluded that the respondent did not have the capacity to complete the project given the delay despite full payment of the contract sum in advance.”
The case will be mentioned on January 22, 2024.
The Concerned Citizens Kenya lobby group where Awino is a member in a press statement called on the Directorate of Criminal Investigations to probe the matter and the Office of Director of Public Prosecutions to prosecute Megascope.
They also want the Assets Recovery Agency to seize properties associated with the businessman.
They called on President William Ruto to intervene in the matter since NMS was under the office of the President.