Parliament has directed the Ethics and Anti-Corruption Commission (EACC) to investigate and prosecute former NSSF boss Alex Kazongo over the award of the Sh6.7 billion contract to extend the Hazina Trade Centre in Nairobi.
The Public Investments Committee (PIC) fingered Mr Kazongo, the former managing trustee of the State retirement fund, for flouting procurement laws in the award of consultancy contracts without going through a competitive process.
“The committee observed that Mr Kazongo re-appointed the consultants on December 1, 2010 without subjecting them to a competitive procurement process.
“The re-appointment letters referred to a project which had commenced but stalled 12 years ago,” said PIC chairman Adan, Kaynan in a report.
The PIC evaluated the NSSF Hazina Trade Centre contract and the proposed joint venture property development in Mavoko sub-county and Kenyatta Avenue in Nairobi’s central business district.
“This was in total disregard of Articles 3 and Article 227 of the Constitution and the Public Procurement and Disposal Act 2005,” PIC said.
The PIC said the revival of the Hazina Trade Centre Office Towers project in 2013 should have been treated as a new contract and thus subject to the Public Procurement and Disposal Act.
“The re-engagement of the project consultants from the original project to oversee the enhanced Hazina Tower project, therefore, was in breach of the Public Procurement and Disposal Act, 2005 and the Public Procurement and Disposal Regulations, 2006,” Mr Kaynan said, terming it as tantamount to direct procurement.
The initial construction was undertaken by Mavji Construction Co. Ltd under Salmann Mruttu & Associates as the project architects. In 2013, the project was awarded to China Jiangxi Ltd but the original consultants were retained.
The committee has given the anti-graft watchdog six months after the adoption of the report by the House to investigate Mr Kazongo and report to Parliament.