Nyandarua’s granny contractor, the late Ann Nyambura Ndugire, was not owed any money by the county government at the time of her death last week.
According to an audit report and other procurement documents, the World Bank-funded contract under Kenya Urban Support Program (KUSP), Ndugire quoted Sh64.8 million and was awarded the contract based on her quotation.
Some of the Nephy Company competitors in the floated tender quoted double the amount Ndugire charged, and the tender was awarded to her after she scored the highest at 73 per cent during evaluation by the tendering committee.
According to the Integrated Financial Management and Information System (Ifmis), the open tender floated by the county government on March 23, 2019, was for proposed estate road improvement, public pathways, parking lots, and a common storm water drain in Ol Kalou town, the county headquarters.
Nephy was among the three companies that qualified for the last evaluation, from the eight companies that made it to the shortlist.
According to payment vouchers and certificates, Ndugire’s company was paid in eight instalments, starting with Sh16 million paid on June 27, 2019, to a final certificate amounting to Sh3,055,440 paid on April 29, 2021.
According to the audit documents and certificates, the highest amount paid to Nephy Construction Company during the implementation period was Sh13,339,165 on April 19, 2020.
The retention amounts that are normally withheld until completion and verification of the job were paid in two instalments; Sh3.2 million paid on May 31 and Sh3 million paid by the newly elected county leadership on October 31, 2022.
Ndugire was in the process of procuring a new contract with the county government shortly before her death.
Her family had claimed that she died of stress and pressure from auctioneers after the county government failed to pay Sh70 million after she completed the contract.
Lands, Physical Planning and Urban Development Executive Member John Muiru clarified that what was misconstrued as arrears was a letter done by Ndugire requesting an additional Sh25 million above the contracted amount.
“The company had written asking for a variation of the contract by an additional Sh25 million and not Sh70 million, but the World Bank regulations cap is 5 per cent of the total amount for the contract. Ms Ndugire was advised of this fact and the matter rested there. After the task force formed by Governor Kiarie Badilisha after he assumed office on pending bills, the county has cleared almost all verified as legitimate and few remaining are in the process of being paid. Ms Ndugire’s last and final payment certificate was done in October 2022. As you can see from the invoices, Ms Ndugire’s final payment was in October last year. The governor instructed her to be prioritised in the pending bills clearance,” said Mr Muiru.
Ndugire died of throat cancer at the Kenyatta University Hospital last week, and her burial is scheduled for Friday at her Kinangop farm.
Earlier, her family had claimed that their mother died of stress caused by the county government’s failure to clear Sh70 million Ol Kalou town beautification contract dues.
Mr Raphael Ndugire, who had made the claims that his mother was not paid for the contract, has now changed tune, confirming that his mother was paid to the last coin, and the last payment was made in October last year.
He also revealed that there is an ongoing case in the courts about a misunderstanding on variation, but not about the Sh64 million awarded for the contract, and, his mother and Dr Badilisha had met to discuss the issue, and they reached an agreement.
“My mother was paid the entire amount for the contract as reflected in her tendering quotation. Discontent is about an additional Sh139 million that my mother demanded under the variation process, our valuers and those of the county government differed and that is why we moved to court, the case is still pending in courts, but my mother and the incumbent governor held a fruitful meeting where they agreed to wait for the court’s decision, which both parties will respect and have the matter end there,” said Mr Ndugire.
