Members of National Assembly Public Investments Committee have questioned delays and rising costs in the construction of two technical and vocational education and training (TVET) colleges in Kisii County.
The committee raised concerns about incomplete works, contract variations, delayed payments and missing project documents during visits to Kitutu Chache South and South Mugirango TVET colleges.
At Kitutu Chache South TVET College, MPs were told that a project awarded in April 2019 for Sh57 million was still incomplete, despite being scheduled for completion in April 2020.
The project includes a twin workshop, classrooms and an office block. Audit records show that Sh50.9m had been paid to the contractor by December 2022.
The contract was later increased to Sh67.1 millions and its completion period extended by 139 weeks.
Officials attributed the additional cost to the construction of a retaining wall and extra classrooms that were not included in the original drawings.
A physical inspection in December 2022 found that the project was incomplete and behind schedule.
Committee chairman Dick Maungu said it was unacceptable for a government-funded facility to remain unfinished years after construction began.
“It is good to note for the record that this committee is concerned that completion of this project has taken extraordinarily long. This is the seventh year, which I think may not be condoned,” he said.
The committee also questioned why the original contract had not been provided to the Auditor-General during the audit, despite officials confirming that the document existed.
Procurement officer Judith Mogere later confirmed that the contract was available.
Kiminini MP Maurice Kakai Bissau said the failure to produce basic financial and procurement records raised concerns about the institution’s management.
“When you go into an institution and a procurement person or a finance person is not able to give vouchers or documentation, the file for the contract, there is something that is not correct,” he said.
Bissau also questioned the justification for the contract variations and warned that further increases could substantially raise the project’s cost.
He said it was particularly concerning that a technical institution responsible for training construction professionals appeared to be struggling to manage its own construction projects.
“This is an institution that is supposed to bring out the best builders and technical persons in construction. If you are not walking the talk as an institution, I think it is very dangerous for this country,” he said.
He suggested that the project, including payments and variations, might require further investigation, including a forensic audit.
MPs also questioned the handling of a 10% retention payment.
Beatrice Kegwaro, a finance officer at Kisii National Polytechnic, told the committee that retention was normally included when payments were reported, but acknowledged that the money had not been released to the contractor.
Kasipul MP Boyd Were asked for documentary evidence showing whether the variations had been properly approved.
“Do we have those approvals? It is important for us to have the approvals to confirm whichever you are saying,” he said.
Other MPs questioned when the variations had been made, whether the original contract was still valid and whether the extensions had followed procurement rules.
Kilome MP Thaddeus Nzambia also asked whether the money remaining in the institution’s account would be enough to finish the work.
“Why has it taken all these seven years to complete it?. If you have the money in the account, is the remaining work able to be catered for by the same amount, and when are you anticipating the project to be complete?” He asked.
Mr Maungu said better planning and site assessments could have prevented some of the variations.
He criticised the use of generic designs without sufficient consideration of individual sites. “The designs were done on a desk review, not on the physical ground,” he said.
“Had you done the design on the physical ground, you could have taken note of all those peculiarities and incorporated them into the contract.”
Geoffrey Andama, the chief principal of Kisii National Polytechnic, which mentors the college, said some of the additional work was caused by the site’s sloping terrain.
He said about 90% of the project had been completed and that efforts were under way to resolve a dispute with the contractor over payment.
“The contractor wasn’t on site because he was claiming payment. There was a standoff between the new administration and the contractor, and it has taken so long to resolve the entire matter,” he said.
Mr Andama said the contractor had indicated that the remaining work could be completed within three months.
He pledged to bring together the project management team and other stakeholders to establish what had been completed, what remained outstanding and what was owed.
Narok Woman Representative Rebecca Tonkei said the committee wanted specific deadlines rather than further explanations.
“We want to know what are the timelines when you meet with the contractor and the committee. This is the pending work, this is the time that we take, and this project will be complete by exactly this time,” Tonkei said.
Bomachoge Chache MP Alpha Miruka said the institution should first establish the exact amount of work remaining before making further payments.
He said that if the existing contract could not deliver the completed facility, the institution should consider terminating it and procuring the remaining work in accordance with the law.
Miruka also questioned whether a contractor who priced the project in 2019 could realistically complete the outstanding work several years later at the original rates, given increases in construction costs.
The committee found similar problems at South Mugirango TVET College.
Audit records show that a contract for classrooms, workshops and an office block was awarded for Sh55m in May 2019, with a planned completion period of 52 weeks.
The works stalled in October that year at about 61.2% completion. The Auditor-General’s representative told MPs that the contractor issued a notice to suspend the work in November 2019 because of delayed payments.
By July 2023, Sh43.2m had been paid. The contractor terminated the agreement in August 2023, citing unpaid certificates worth about Sh1.6m that had remained outstanding for almost three years.
A new contract was awarded in August 2024 to another company for about Sh21.6m. By the time of the audit, Sh13.4m had been paid under the new contract.
Auditors also identified an unauthorised variation involving the roof design. The figures prompted MPs to question why a second contract had been awarded after substantial sums had already been spent on the first.
Mr Maungu asked how the new contract had been priced and whether an assessment had been carried out to establish the cost of completing the remaining works.
The principal said the new contract covered the second phase of the project and that the contractor had completed all the work included in his bill of quantities.
However, MPs questioned the claim that the contract was 100% complete when other works, including fencing, painting, ceiling work and water-related installations, remained outstanding.
Clerk of Works Fredrick Mayaka said the contractor had completed all the work listed in his bill of quantities, but some items had not been included in the contract.
He said a variation had subsequently been introduced because of the roof and other omissions discovered during construction.
Mr Kirima demanded to see the bill of quantities and contract documents to determine precisely what had been included.
Mr Bissau questioned why a new contract worth more than Sh21m had been awarded after the original contractor had left over an outstanding payment of about Sh1.6 million.
He said the situation pointed to weaknesses in contract management and could expose the government to additional costs and legal claims.
“The first contract was terminated because the contractor was not paid Sh1.6 million. But that brings us to contract management,” he said.
Mr Bissau again questioned why a technical institution responsible for training construction professionals was experiencing problems with its own construction projects.
Lungalunga MP Chiforomondo Mangale called for a detailed investigation and said officials responsible for any loss of public funds should be held accountable, even if they had since moved to other institutions or retired.
“There is no way a bill of quantities can miss painting. A variation can be done just like that,” he said.
He called for the committee to establish whether the required procedures for variations and contract extensions had been followed.
Sotik MP Francis Sigei questioned whether the project report presented to the committee was complete.
“Are you also saying that this report is incomplete?” he asked.
“It is misleading. You still have some pending works which we have not put in the report,” he said.
Mr Were also questioned how the building could have been declared complete when painting and other finishes were still outstanding.
“How do you expect a building to be complete without painting?” he asked.
Mr Maungu said the conflicting accounts given to the committee were a concern.
He directed officials to provide the committee with the relevant project files, approvals, bills of quantities and payment records.
Maungu said the committee would work with representatives of the Auditor-General’s office to determine the true cost and status of the projects and whether they had delivered value for money.
Mr Andama acknowledged the concerns raised by the MPs and said a new project management team had been formed.
“The project management committee is already constituted. What is remaining is for the team to meet,” he said.
He said the institution would work with the contractor and other stakeholders to establish the amount required to complete the outstanding work.
“We are committed to this completion in the shortest time possible,” he said.
He added that he expected the project to be completed by the time the committee next visited.
The committee said officials would be required to return with clear timelines and complete documentation on the projects.
Mr Maungu said the aim was to ensure that public money already invested in the projects resulted in functioning facilities for students.
The MPs said they would continue to scrutinise the projects until the institutions accounted for the funds and completed the facilities.
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