A case challenging the framework contracting model in Kilifi County is scheduled for mention on October 8, 2024, at the Malindi Law Courts.

The case was filed by the Commission for Human Rights and Justice (CHRJ), following numerous public complaints regarding alleged irregularities in the county’s procurement processes.

The court order, signed by Justice Stephen M. Githinji, lists the State Law Office and Kilifi County as respondents in the case.

The case has raised concerns over questionable tendering practices, with Kilifi’s finance and procurement departments coming under scrutiny for what many see as rampant corruption.

CHRJ contends that Kilifi’s adoption of the framework contracting model violates Article 227(1) of the Kenyan Constitution, which mandates public procurement to be conducted in a “fair, equitable, transparent, competitive, and cost-effective” manner.

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The commission has called on the county to cease procurement under the framework agreement, arguing that it restricts competition by creating a closed group of contractors eligible to bid for projects.

Despite these concerns, Kilifi County has continued to use the framework contracting model, sparking further dissatisfaction among local business owners and suppliers. Some have even sought intervention from the Controller of Budget and other regulatory bodies, accusing the county of favouritism and lack of transparency.

The county’s procurement processes have become a source of controversy, with Governor Gideon Mung’aro facing increasing pressure to address misconduct allegations.

Critics argue that Kilifi has failed to comply with Section 74 of the Public Procurement and Asset Disposal Act of 2015, which governs transparency in tendering processes.

Efforts to obtain information regarding the tendering entities, minutes from tender openings, and advisory opinions from procurement heads have reportedly been obstructed.

Since adopting the framework contracting model, Kilifi County has also been accused of withholding crucial evidence to confirm that companies awarded contracts meet the required criteria.

Allegations have emerged that tender advertisements are being deliberately removed from the county’s official website, further fueling suspicions of foul play.

Under the framework agreement, companies are locked into contracts lasting at least two years. Critics argue that this arrangement favours a select group of well-connected suppliers, many of whom are allegedly close to Governor Mung’aro or other senior county officials.

The governor has been accused of manipulating the procurement system to serve personal interests, all while giving the appearance of working to improve service delivery.

Business leaders hope that the upcoming court case will compel the county to reconsider its use of the framework contracting model, which they say has stifled competition and perpetuated corruption.

As the case heads to court, many are eager to see whether Kilifi County will be forced to reform its procurement processes to align with constitutional and legal standards.