Court stops Kiambu from paying Sh166m to firm over alleged tender fraud

The Anti-Corruption High Court has stopped the County Government of Kiambu from paying Sh166.3 million to Filtronic International Limited over a disputed ICT tender that investigators say was secured through forged documents.

Justice Lucy Njuguna issued the interim orders following an urgent application filed by the Ethics and Anti-Corruption Commission (EACC) to restrain the county from releasing the funds pending the determination of a case challenging the legality of the contract.

"An interim order of injunction is hereby issued to last for 14 days from today restraining the County Government of Kiambu from paying Filtronic International Limited the sum of Sh166,295,500 being the balance of the contract price in respect of Tender No. 1223215," ruled Justice Njuguna.

The orders were issued after the EACC told the court that Filtronic allegedly forged its financial and bank statements to irregularly win a Sh230 million contract for the development and installation of an Enterprise Resource Planning (ERP) system for the county.

In a detailed application filed in court, EACC told the judge that it had conducted investigations into procurement irregularities surrounding the tender and discovered multiple falsifications in the company’s bid documents.

“Investigations established that Filtronic’s financial statements for 2022, 2021, and 2020 were never audited by the firm of MSM Chris & Associates as claimed,” said the Commission. 

“Further, the bank statements provided were fraudulently edited to depict a healthy cash flow and profitability that did not exist.”

The Commission added that Filtronic through its directors namely Bernard Theuri, Ms Chen Ligou, Martha Wachinga also misrepresented the identity of some of its alleged employees. 

“In its bid document, Filtronic represented that Evah Mukami and Kennedy Gitara were among its staff and attached their purported curriculum vitae. However, investigations established that the two were not its employees, and the CVs were not genuine. Therefore, their inclusion was a fraudulent misrepresentation,” EACC stated.

Court papers show that the tender, valued at Sh230 million, was awarded on April 24 2023 by Kiambu County despite attracting only one bidder. 

The contract, which was to run for six months, lapsed in November 2023 without any significant progress or formal extension.

"On or about November 13, 2023 the contract entered into between Filtronic and the Kiambu County Government on April 24, 2023 lapsed.

EACC informed the court that Filtronic later sought to extend the contract for an additional 52 weeks citing technical challenges and project complexity. 

However, the Commission found that county officials including the Chief Officer Revenue, Supply Chain Management, ICT & Internal Audit illegally and irregularly signed an extension agreement on February 24, 2024, in violation of the Public Procurement and Asset Disposal Act.

“By the time the extension was signed, there was no valid contract capable of being renewed,” EACC investigators said, accusing the county officials involved of colluding to perpetuate the irregularity.

The commission through lawyer Irene Cherono says among county officials under the radar include Kiambu acting Head of Supply Chain Management Phyllis Muiruri and Chief Officer Revenue, Supply Chain Management, ICT & Internal Audit and an Accounting Officer Zachary Gitau.

Gitau is accused of failing or neglecting to liquidate the performance bond of Sh11,500,000.00 issued to the county by the Firm. 

According to the anti-graft agency, Filtronic has already so far received Sh63,704,500 from the County Government of Kiambu over the disputed tender.

In court documents, the anti-graft agency disclosed that the funds were disbursed in several tranches between July 2023 and June 2025.

“Our investigations revealed that the Gitau has so far been paid Sh63,704,500 by the Interested Party,” the EACC Lawyer Chenoro.

According to the records filed in court, the payments were made in several tranches Sh11.5 million on July 17, 2023, another Sh11.5 million on September 11, 2023, Sh15,007,500 on July 10, 2024, Sh7.5 million on December 22, 2024, a similar amount on February 2, 2025, and a final installment of SH 10,697,000 on June 30, 2025.

“These payments were made despite glaring irregularities in the procurement process and falsified financial documents submitted by the company,” the Commission added.  

EACC also stated that on October 28,2025 it has since filed a recovery suit against Benard Theuri, Filtronic International Limited & others number E041 of 2025 seeking to reclaim the amount and obtain a permanent injunction to stop further payments.

“EACC is pursuing recovery of public funds lost through fraudulent procurement schemes. The Commission will continue to safeguard public resources and ensure that accountability is enforced across all levels of government,” the agency said.

Justice Njuguna directed that the respondents, including Filtronic and the Kiambu County Government, be served with the court papers and file their responses within seven days. 

The matter will be heard inter partes on November 13, 2025.