Petitioners want GDC’s Silas Simiyu probed for awarding Sh1.9b electrical tender irregularly

By ISAIAH LUCHELI

NAIROBI, KENYA: The High Court has given a chief executive officer of a parastatal 15 days to respond to accusations of awarding a Sh1.9 billion tender irregularly to a Chinese firm.

Wednesday, Justice David Majanja ordered the Geothermal Development Company (GDC) CEO Dr Silas Simiyu to file a response to a suit filed by three petitioners asking the court to order for the investigation of his conduct and claims of abuse of office.

The petitioners Mr Ephantus Githae, James Mwangi and the Kenyans for Governance lobby want the High Court in Nairobi to order the Public Service Commission (PSC) to probe Dr Simiyu’s conduct.

They accuse the CEO of unconstitutional, illegal and irregular procurement of goods, which may result in Kenyans not getting value for money.

They also raise allegations of illegal and irregular expenditure of public funds, which they say exposes Kenyan taxpayers to unnecessary and improperly procured debts.

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The main accusation is the irregular award of a tender for drilling of electrical rigs, a move they argue will lead to loss of taxpayers’ money.

The petitioners claim that Dr Simiyu awarded the tender to Sichuan Honghua Petroleum Equipment without the approval of the GDC board of directors.  “The respondents are in the process of making payments for the rigs which would result in irreparable loss to the State as well as citizens,” the petitioners say.

In the documents filed at the Milimani Law Courts, they claim the CEO is likely to make further illegal and unconstitutional procurements unless stopped by the court.

According to the petitioners, Dr Simiyu did not obtain the prior approval of the board of directors.

Dr Simiyu is accused of awarding the tender when GDC had not secured the consent of the African Development Bank which is financing the project. “He therefore acted beyond his powers, had no authority to do so and abused his authority,” they claim.

The suit will be heard on May 16.