ADMINISTRATIVE

ii) The approval of the revised cost of the Project at Ksh. 5.053 was improper and
irregular since the same was done through an e-mail which was not provided
for by law.
iii) The Finance, Social Security and Investment Committee as well as the
representative of employees on the NSSF Board were sidelined in the approval
of the revised cost in contravention of the law.
iv) The administrative management of the tender process was fraught with
irregularities and impropriety in that the tender processing was rushed and
the tender awarded before approval. For instance, the opening of the tender,
evaluation, and award apparently took place on the same day, the 17th
December 2013, while the approval of the Project was sought and granted via
email on the 18th December 2013.
v) The Project was awarded without a budget and meeting the pre-approval
conditions set by the Nairobi City County Government
vi) The Nairobi City County Government did not receive the money (Ksh.
11,244,000) from NSSF for inspection and approval of the Project Plan
Based on the findings, the Commission recommended as follows:
THE COMMISSION ON ADMINISTRATIVE JUSTICE
58
i) The award of the Project to China Jiangxi International (K) Limited should be
cancelled based on the irregularities
ii) The Ethics and Anti-Corruption Commission should conduct investigations to
determine the possibility of corrupt intent in the tendering process of the Project
iii) NSSF should develop and implement proper internal procedures for transacting
official business including a policy on the use of email communication
iv) The acting Managing Trustee and the Board who participated in the process
should be held jointly and severally responsible for any losses incurred by NSSF
in the Project.
v) The Kenya National Audit Office should undertake audit of NSSF to ascertain
the alleged payment of 11 million shillings to the Nairobi City County
Government for approval, and recommend recovery.
vi) A properly and legally constituted forum of the NSSF Board should look into the
Project to ascertain its viability
vii) whether there is value for money in the entire project Board should reconsider
the
vii) The procurement regime in Kenya should be re-examined to ensure quality, fair
pricing, value for money, procedural fairness and alignment to MTF and multiyear
approach (for capital projects).