Recce squad officers during an operation in Nairobi on November 11,
2013. Senior members of the police service and the Interior ministry are
sharply divided over the purchase of multi-billion-shilling equipment
at the heart of the Jubilee Government’s promise to modernise the
security sector. FILE PHOTO | JEFF ANGOTE |
NATION MEDIA GROUP
Senior members of the police service and the Interior ministry
are sharply divided over the purchase of multi-billion-shilling
equipment at the heart of the Jubilee Government’s promise to modernise
the security sector.
The dispute, which has also sucked
in cartels, involves the new helicopters, armoured personnel carriers,
new firearms and bullet proof vests among other items in one of the most
lucrative purchases for the police since independence.
Terror
attacks in the country have driven up the security budget with the
Treasury Cabinet Secretary Henry Rotich allocating the Interior
ministry, under which the police service falls, Sh102.5 billion in the
2015/2016 budget, up from Sh92.9 billion in 2014/2015.
Between Sh10 billion and Sh15 billion was set aside for modernising the police and the military respectively.
But
the battle to control tenders for the purchases has caused divisions
within the security establishment amid claims of rent-seeking.
Sources
familiar with the process said the Interior ministry cancelled tenders
that had been advertised before and opted for single sourcing – ignoring
the recommendations of the police technical committee – in a move that
threatens to cause a fallout between senior officials in the Jubilee
Government.
The Sunday Nation has learnt that the
National Assembly’s Public Accounts Committee (PAC) is already
investigating how the billions of shillings allocated for the
modernisation are being spent.
SPECIAL AUDIT
PAC chairman Nicholas Gumbo said they had instituted a special audit to ensure the public gets value for its money.
“The
government often hides under the blanket of confidential expenditure in
these security deals. There is nothing like confidential money. This is
public money and it must be spent lawfully. We are on this matter,” he
said.
Conversations with top-level officials – who
cannot be quoted due to the sensitivity of the matter – paint a picture
of an intensive battle for control of the tenders and the culprits of
what may be a rip-off in the making lie on either side, depending on who
you listen to.
Those who support single sourcing,
mainly officials at the ministry, say they opted to go directly to
manufacturers to do away with brokers who were used to “making a killing
from security contracts at the expense of the taxpayer”.
But
critics say the single sourcing purchases are a cover for the
procurement of models that are even more expensive, creating
multi-million-dollar sweeteners and kickbacks in the name of a clean-up.
“The
brokers who were used to business-as-usual are miffed because they can
no longer have their way. There are senior people in this government who
have been kept out of the deals because of their penchant for
kickbacks. But there are instructions from above that we must go
directly to manufacturers,” said an official.
NOT AWARE
Another
official said: “I do not think that the Jubilee leadership is remotely
aware of the rip-off that is about to take place. Those executing the
plan claim they have gone to manufacturers to get rid of brokers. How
come, then, that the prices have shot up instead of coming down?”
PAC
has already summoned Interior Cabinet Secretary Joseph Nkaissery and
Permanent Secretary Monica Juma over the purchase of a second-hand
police helicopter for Sh900 million after the initial tender was
cancelled.
In his budget speech, Mr Rotich said the country needed to invest more to protect citizens.
The aircraft alone are expected to cost the government an estimated Sh2.7 billion.
Sources
told the Sunday Nation that on the issue of the armoured personnel
carriers, the police identified two models — Spartan and Cobra —
manufactured in Dubai.
The source said that a team led
by a senior police officer visited the manufacturers for inspection of
the models in Dubai last year on the instructions of former
Inspector-General of Police David Kimaiyo.
A
recommendation was made to the ministry with hopes that procurement
would begin but police were shocked when a different Chinese-built model
was shipped into the country.
RECOMMENDATIONS IGNORED
A
repeated complaint by those familiar with the purchase process has been
that recommendations of the technical committee of the police, which
advises the Interior ministry whose mandate it is to make the purchases,
have been routinely ignored.
The ministry opted to
import the Chinese-made APC with one prototype being shipped in for
testing before the entire fleet arrives.
The plan is to
acquire at least 100 APCs for the regular police and the administration
police in response to complaints by officers that they are often
vulnerable to attacks by well-armed bandits and cattle rustlers.
The
imported APC was taken to Baragoi in Samburu, but reportedly broke down
after several weeks. It was mounted on a lorry and ferried back to
Nairobi, where it remains grounded.
The source told the Sunday Nation an order for the first batch of APCs has since been placed.
On
the issue of helicopters, the ministry preferred the AgustaWestland
AW139 model while the police wanted American-made Bell choppers.
In
the aftermath of the Garissa University College terrorist attack in
April, Inspector-General of Police Joseph Boinnet invited bids for the
purchase of four utility helicopters and a troop carrier.
But it was later cancelled and the ministry went ahead to purchase through single sourcing.
This
was the second time the IG was cancelling the helicopter tenders and,
according to sources, it was partly influenced by cartels fighting for
the lucrative tenders. The AgustaWestland AW139 helicopter cost Sh900
million and several more are expected to be delivered soon.
Police had argued against this model, saying there were no available service centres in Kenya.
The
twin-engine helicopter has a capacity of 15 people, and since there are
no pilots for the Italian-made aircraft, two pilots will be taken to
Milan for training on how to handle them. The supplier would also send
two pilots who would be attached to the airwing for two months. The
police had asked for a troop carrier that can carry at least 18
passengers.
RAISED CONCERN
The purchase of rifles and bullet proof vests has also raised concern within the police hierarchy.
The source said the ministry opted for more expensive Turkish-made G3 rifles than a cheaper version made in Pakistan.
The
German G3 rifle model has proved popular with the police service for
its durability and accuracy. However, it is produced under licence in
Turkey, Iran, Pakistan and several other countries.
Contacted, Interior Principal Secretary Monica Juma said all contracts were awarded according to the law.
In
a statement sent to the Sunday Nation by ministry spokesman Mwenda
Njoka, Dr Juma said: “All procurements by the Ministry are carried out
strictly in accordance with the provisions of the Public Procurement and
Disposal Act.
The Public Procurement and Disposal Act
(2005) Part VI Clauses 72, 73, 74 and 75 provide guidelines how
procurements of the nature you mentioned in your inquiry shall be
carried out. The said procurements were carried out in strict accordance
to the provisions of law stated above.”
The ministry also denied that complaints had arisen out of the procurements.
“The
Ministry has not received any complaints from any quarters in regard to
the said procurement and as such claims that there is a tussle and/or
murmurs of disapproval about the procurement are completely unfounded
and not based on facts.” This statement is contradicted by the ongoing
parliamentary inquiry.
MODERNISE POLICE
The
ministry official said any disputes arising from procurement should be
handled by the Public Procurement Oversight Authority.
“That
the Public Procurement and Disposal Act provides a legal avenue through
PPOA, which any aggrieved party and/or parties can utilise to seek
redress. To the best of our knowledge, no one filed an appeal with PPOA
in regard to the said procurement.”
The squabbles come
at a time the government is moving to modernise the police force partly
in response to demands by officers for better facilitation as they
confront multiple security challenges.
The APCs are supposed to be deployed in the old North Eastern province counties, Lamu, Turkana and Baringo among other areas.
Once
the modernisation takes shape, the police will also own and operate
drones for reconnaissance. The maritime police unit will also get patrol
boats equipped with hi-tech navigation equipment.
Police
have identified the kind of boats they need but there are fears the
ministry might ignore them. The source dismissed as “fishing boats” the
vessels maritime police currently use to patrol the Indian Ocean.
Before the ministry stepped in, police had anticipated it would have enough aircraft by next month.
At present, the aircraft at the police air-wing are in a deplorable state and cannot be relied on.
Six
of its aircraft are “Beyond Economical Repair,” meaning they are
essentially written off. They include three Cessna 310 each with a
capacity of six passengers, a Cessna 402 which ferries 11 people, a Bell
47 helicopter with a capacity of three and a BO-105 air ambulance.
There are also two Cessna 208 and a Bell chopper which are out for routine maintenance.
- Additional reporting by Justus Wanga
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