The Commission on Administrative Justice (CAJ) has been asked to investigate a firm awarded a Sh20 million contract to supply the Kenya Defence Forces with hearing aids and accessories.
The contract, which runs from January to December 2020, was awarded to M/S Incusear Hearing & ENT Centre and M/S Starkey Hearing Technologies.
Hearing loss is common among professional soldiers because of exposure to high sound pressure levels emanating from gunfire.
The deal was signed in January 21 for the supply of audiometric and hearing aids/accessories to the KDF by representatives of the two companies and the Ministry of Defence. The latter was represented by the PS.
Documents seen by the Sunday Nation show that seven companies bid for the contract and the two were picked.
But it later emerged that a majority of the owners of Starkey Hearing Technologies are foreigners, yet it got the bulk of the contract.
The directors of the company have been listed as Brandon Lee, William Franklin Austin, both from the US, and Olende Arungu Nyindodo, a resident of Nairobi. The company was registered in Kenya on March 26, 2018.
Incusear was registered in December 5, 2016 and has previously worked with DOD. The director is Dr Richard Mwangi.
There are also accusations that Starkey Hearing has been sourcing patients at the barracks in contravention of Clause 3.1 of the contract.
It is alleged that they pitched tent at the Embakasi Barracks for five days in August, the letter sent to the chairperson of the CAJ said.
The letter has been copied to the Parliamentary Service Commission, Auditor-General, Ministry of Defence and chairperson of the Public Procurement Oversight Authority.
Since signing the contract in January, Incusear has allegedly received only four patients from KDF.
Contract documents show that the supplier is supposed to provide, as a minimum, a half-yearly report of orders and deliveries made to the buyer within 30 days after the close of each half of the year.
The reports are to be sent to the buyer at the half-year points in June and December to the colonel for supply/maintenance at the Ministry of Defence.
The documents further said the buyer will place orders as required through a local service order duly signed by the buyer’s authorised representatives.
“The local service order shall specify the quantity of the contract material required, the point of delivery, the delivery period, the unit price and the total order price,” the documents stated.
After receiving an order, the supplier should, within 10 working days, acknowledge in writing the receipt of the order and commence the processing order.
The materials should be delivered by the supplier within the period stipulated on the local service order.
The materials are to be packaged as required to prevent damage or deterioration during transit and storage at the stores.
Among the items in the tender are hearing aid batteries, ear moulds/shells and 19 other different devices specified in the tender documents.
The prices quoted include the cost of packing, transportation charges to the delivery point and insurance while in transit.
The documents further stated that any dispute should be settled by a single arbitrator mutually agreed upon by the parties.
