SHOLLEI is still in the cross hairs of the State over her role in a scam that the Audior general unearthed at the Judiciary linking her to irregular payments to Timsales Ltd “for work(s) not done.”
In particular the Auditor General’s report indicated that the physical verification done on March 2014 revealed that the construction of pre-fabricated court house was on-going apart from Mavoko where no works have been done.
“It was explained that Judiciary could not commence any works because it did not own the land in Mavoko. The judiciary made an advanced payment of Ks46,458,069. No justification was provided for committing funds for property not owned by the Judiciary.
Investigations revealed that the judiciary had placed an advert for proposed prefabricated court buildings and invited suppliers and contractors for work in Bomet, Eldama Ravine , Garsen, Iten, Othaya Runyenjes among other areas.
Shollei appointed the tender committee on November 14 2012 which sat and deliberate on how the tenders were to be awarded.d
‘The then Chief Registrar Gladys Boss Shollei chaired a meeting where the issue of change of the constructions of sites was discussed.
It was noted that the pre-contract negotiation meeting was not properly constituted as per Regulations 58(2) of the Public Procurement and Disposal Act. 2006.
“Some members who sat on the said meeting formed part of tender committee including the accounting officer who is the one mandated to appoint members of staff to the negotiating committee,” a replying affidavit filed in court reads.
Variation of tender
It adds that there was also no report filed after this crucial meeting and submitted top the tender committee for decision making.
“One of the issues discussed was the change of construction sites due to budgetary constraints and enhancement of the percentage of advance payment up from 10 per cent to 50 per cent,” the affidavit reads further.
The DPP opines that already Shollei had varied what was contained in the tender documents as per the conditions of the Contract.
“The contract provided that on signature of the contract, the contractor shall be entitled to an advance payment of 10 per cent of the original amount of the contract.
According to the prosecution, Shollei grossly violated the section of the law that deals with amendments and variations to contracts.
“The approval of the Tender Committee for the variation of the advance payment from 10 per cent to 50 per cent was not sought,” the affidavit reads.
It further states that the contract between Timsales and the Judiciary was specifically addressing the need for construction of the pre-fab court houses in Tawi, Mavoko and Garsen at a contract price of Ksh100,000,000 for each court and was signed by Shollei.
Returns to court
But come April 2 2013 Kakai Kissinger, then Shollei’ deputy, wrote to the project architect informing him that the construction at Makueni had been replaced with Runyejes law courts!
” A subsequent latter dated May 3 2013 was written and signed by Kakai addressed to Timsales giving them instruction that the construction of Mavoko law courts should be cancelled and that Timsales should proceed and take over the construction of Runyenjes,” the affidavit reads.
The prosecution says there was no satisfactory reason given for the sudden change of site from Mavoko to Runyejes and adds that Shollei was charge and should be prosecuted based on the sufficiency of evidence and in accordance with the law.”
Shollei and co-accused had ridden on the now famous ‘Eng Kamau ruling wave’ and were discharged from prosecution on grounds that the EACC was not properly constituted when the corruption charges were drafted.
The matter returns to court on September 12 2018.