Auditor General Nancy Gathungu has exposed Sports Kenya for issuing irregular tenders for the refurbishment of stadiums amounting to Ksh1.96 billion. 

The irregular tenders relate to the refurbishment of Kericho Green Stadium, Bukhungu Stadium in Kakamega and Masinde Muliro – Kanduyi in Bungoma. 

Gathungu also accused  Moi International Sports Centre of breaching the law after it signed a deal for the sharing of revenue between Sports Kenya and Nairobi Metropolitan Area Transport Authority for a Bus Rapid Transit assembly facility, yet the project was not approved. 

According to the report, the construction of a Bus Rapid Transport facility does not fall within the mandate of Sports Kenya in the manner contemplated in Section 4 of the Sports Act, 2013, which stipulates that Sports Kenya is established for the purpose of promoting sporting activities and safeguarding sporting facilities and resources. 

Reads the report: “In the circumstances, the management was in breach of the law.” 

In the case of Kericho Green Stadium, whose contract amounts to Ksh408 million, a review of procurement documents revealed glaring anomalies in how the contract was issued.  

For instance, by the time the contract was being signed on September 4 2023, the entity had already engaged with the contractor even before the procurement process commenced, as evidenced by a letter and designs by the construction company dated July 19 2023. 

With regards to the refurbishment of Bukhungu Stadium that had been earmarked to host the African Nations Championship (CHAN 2024) games,  a review of the procurement records revealed a number of anomalies in how the entire process was done. 

The anomalies relate to a memorandum of understanding and agreements not being provided for review, and delays in the completion of the project.

Verification of the project on September 24, 2024, revealed that phase II was still incomplete, yet the award of the contract for phase III works was awarded on the assumption that phase II would be completed. 

In the case of the rehabilitation of Masinde Muliro – Kanduyi Stadium, whose contracted sum amounted to Sh799.1 million, the report says that a review of the procurement records revealed that the contract was signed before acceptance of the award. 

According to the report, the professional opinion dated February 28, 2024, was approved on February 28 2024; the contractor was notified of the award on February 29, 2024 and accepted the award on March 4, 2024.  

However, the contract was signed by both parties on March 1, 2024, three days before the acceptance of the award yet Section 35 of the tender documents indicates that the contract shall not be signed within 14 days to allow any dissatisfied tenderers to launch a complaint.