Editor's Review

COFEK listed 6 tenders that were awarded to the company and amounted to millions of shillings.

The Consumers Federation of Kenya (COFEK) had moved to court seeking the ouster of Communication Authority of Kenya (CA) board chairperson Mary Wambui.

In a statement dated Monday, December 16, the consumer protection group cited conflict of interest as the key reason behind their petition.

In particular, COFEK alleged that companies associated with the businesswoman and her family received tenders for the Digital Super-Highway Project.

"Part of clause 3.1 of the tender documents provided that ‘Public employees and their close relatives (spouses, children, brothers, sisters and uncles and aunts) are not eligible to participate in the tenders’. Similarly, clause 3.2 disqualified public officers and/or their relatives or entities. Clause 3.3 further in detail disqualified those with a conflict of interest from the tender," read the statement in part.


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"Despite these clear, express and unambiguous provisions, as supplemented by constitutional and statutory dictates, the 1st, 2nd and 3rd Respondent caused the awarded of the tender to among others, entities which have a direct link to the 1st Respondent- the Chairperson of the Communications Authority of Kenya."

In its statement, COFEK alleged that Nightigale Enterprises Limited linked to the daughter changed its name to Nighitigale (E.A) Limited and shareholding before receiving tenders for the project.

According to the consumer protection unit, the company received 6 tenders amounting to millions of shillings.

"The alteration of Nighitigale (E.A) Limited shareholding structure to omit the 1st Respondent’s daughter only happened in the period after submission of the bids for the Digital Super Highway tender but before the award of the contract.

"Therefore, beyond peradventure, the only logical conclusion is that the changes to the shareholding structure were engineered to conceal the real beneficial owners set to benefit following the company’s winning the tenders for the Digital Super-Highway project," read the statement in part.

The CA chairperson is yet to issue a response to the allegations.