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shollei on accusations pertaining to construction industry
a4architect.com
#1 Posted : Wednesday, October 23, 2013 9:04:49 AM
Rank: Veteran

Joined: 1/4/2010
Posts: 1,668
Location: nairobi
From JSC on prefabricated courts
http://www.judiciary.go....%2035%20allegations.pdf

Quote:
She admitted authorising an irregular payment of Ksh26,470,332.00 as advance
first interim payment on account of proposed prefabricated premises for Bomet,
Marimanti, Othaya and Wang’uru Courts. The Commission observed that the bank
guarantee in respect

Quote:
CRJ admitted authorizing an irregular payment for PREFABRICATED COURT
HOUSES in the sum of Ksh82,737,000.00 to JKUAT Enterprises Ltd for interim
architectural consultancy without any interim certificate of works being provided.


Shollei reply
http://s3.marsgroupkenya...179cac71ba4efa33ab5.pdf
Quote:
b) Irregular payment to JKUAT for prefabricated courts
There is no irregularity. The Judiciary engaged Jomo Kenyatta University of
Agriculture and Technology (JKUAT) a public institution as Consultants to
design and supervise construction of the prefabricated court buildings in
accordance with the provisions of Sec.
(4) (2) (c) of thePPDAwhich states
that the acquiring of services provided by the Government or a department
of the Government is not procurement with respect to which the Act
applies. Contracts were signed with JKUAT and payment conditions were
as per the provisions of the Architects and Quantity Surveyors Act CAP
525 which provide for payment of up to 75% for completion of a detailed
design incorporating the design work done by consultants and for
preparing production drawings and information necessary for Bills of
Quantities. The payments were made after the construction tender process
had been completed which was beyond what the Act stipulates. I


cap 525 of kenyan laws

http://www.boraqs.or.ke/userfiles/CAP%20525.pdf

From the above, Shollei erred by awarding architectural contract to JKUCAT, who are not licenced to offer this service to the public.
JKUCAT further advised that Economic Housing Group, one of the most expensive prefab suppliers, be awarded toe contract , hence loss of tax payer money.

The kes 82m paid to JKUCAT for consultancy is quite high considering shollei could have used ministry of public works and saved kenyans the money or gone to the private sector and awarded to practicing architects for far much less.

Sholleis reply on valuation
Quote:
During the negotiations PWC insisted that the
workstations were part of the office fit-out as they were interconnected
and had provisions for ICT structured cabling, therefore dismantling the
work stations would result in losses for the seller (PWC.) They were also
adamant that they would only sell the fit-outs if The Judiciary was ready to
purchase the rest of the furniture since the furniture was meant to be used
as a unit. (Annex SCMS 5 negotiations minutes) 20 | Page FINAL REPORT GBS/JSC 15 T H OCT 2013

To ensure value for money, The Judiciary engaged Jomo Kenyatta
University of Agriculture and Technology (JKUAT), a public institution to
carry out valuation
of the office fit out, furniture and fittings. Additionally,


This is an error in that again JKUCAT are not licenced to offer valuation services to the public.
As Iron Sharpens Iron, So one Man Sharpens Another.
mkeiyd
#2 Posted : Wednesday, October 23, 2013 9:10:04 AM
Rank: Veteran

Joined: 3/26/2012
Posts: 1,182


Defenders of her pretty-faced highness,your queen needs your services here.
a4architect.com
#3 Posted : Wednesday, October 23, 2013 9:10:19 AM
Rank: Veteran

Joined: 1/4/2010
Posts: 1,668
Location: nairobi
Sholleis liking for using govt institutions in procurement does not sit well in a capitalistic environment. Judiciary, as one of the 3 arms of government, needs to support private sector to create employment, reduce crime etc. This can be done through procuring form the public as opposed to inter govt deals.
In the above scenario, JKUCAT are now directly competing with private sector consultants which is wrong. Govt should support private sector, not compete with it.

If she used ministry of public works instead of jkucat, she could have saved kes 82m.

If she used private sector architects, she could have saved even more since she could have been advised that EHG prefabs are costly and offer less quality compared to other options.

Now kenyan taxpayers are kes 82m poorer plus hundreds of millions loss in purchase of expensive, less quality court rooms.
As Iron Sharpens Iron, So one Man Sharpens Another.
Siringi
#4 Posted : Wednesday, October 23, 2013 10:20:09 AM
Rank: Elder

Joined: 6/8/2013
Posts: 2,517
@A4architect,

I normally reserve a lot of respect and reputation points when you discuss issues construction., but when you misrepresent facts I start scratching and asking myself difficult questions...as professionals we have a duty higher than the next pedestrian on the street (with respect) to be honest to our calling and utter the truth, the whole truth objectively at all times and God help us.

while appreciating that you have brought this discussion here and copy pasted from where you started it...

===> ulianzia hapa mikate

1. i ask you to take time and read the Public Procurement and Disposal Act 2005

2. Go through the standard bidding documents

3. Try and understand how public procurement is initiated and approved and the role of the CEO

4. Go through your posts hapo mikate* and use a truthmeter to evaluate your pronouncements. Am reading them and comparing them with the applicable laws and will come back to discuss and also consulting other experts since am not a know it all.

P.S. nothing personal just wazualing

For the record Shollei does not have to be the CRJ but let us go on the record for firing her for the right reasons and with proper evidence and due process and set the right precedence.

Let us not make it impossible for the next CRJ and othe GoK CEOs (see my other thread) to run business and deliver services...

the more we share the more we learn
"πŸ˜–πŸ˜‘KQ makes money for everyone except the shareholder 😏😏 " overheard in Wazua
a4architect.com
#5 Posted : Wednesday, October 23, 2013 11:15:07 AM
Rank: Veteran

Joined: 1/4/2010
Posts: 1,668
Location: nairobi
@siringi.
I know the public procurement rules regarding construction like the back of my hands. Pin point any issue that you need me to clarify from it.

Whats your exact point regarding public procurement?

Also, which exact facts have i mis represented?
All my info on shollei is from JSC website and sholleis own response, all here below

JSC
http://www.judiciary.go....%2035%20allegations.pdf

Sholleis response

http://s3.marsgroupkenya...179cac71ba4efa33ab5.pdf


I know the CEO is not the chair of the tender commitee. My issue with Shollei is only in issues raised within the construction industry which i understand.
I can summarise them again here
1. Appointing JKUCAT enterprises ltd as valuer yet they are not licenced to value.
2. Appointing JKUCAT enterprises as architects yet they are not licenced to offer such services to the public. Paying JKUCAT enterprises kes 82m for designing prefabs
3. Awarding prefab contract to EHG which in my opinion are one of the most expensive prefab suppliers in kenya.

As to whether other issues eg financial, IT, Human resource allegations are right or wrong, am not in a position to debate.

We debated this in Nipate yesterday, i now want to hear Wazuan point of view.

BTW i see we have a similar slogan .
As Iron Sharpens Iron, So one Man Sharpens Another.
a4architect.com
#6 Posted : Wednesday, October 23, 2013 11:33:31 AM
Rank: Veteran

Joined: 1/4/2010
Posts: 1,668
Location: nairobi
@siringi, or are you saying that the JSC should blame the procurement commitee instead? According to shollei, in her answers to the allegations, she is wrong to defend herself by stating that valuations and architectural services were offered by JKUCAT enterprises ltd.
Maybe her tender committee wrongly made her beleive that its possible but i can state to you and quote the exact laws as to why she is wrong in using JKUCAT enterprises as a defence mechanism.

Check cap 525 here and tell me whether JKUCAT enterprises can fit within this law.
http://www.boraqs.or.ke/userfiles/CAP%20525.pdf

Check on valuation licencing laws here and tell me whether JKUCAT enterprises ltd can even imagine to qualify.

http://www.lands.go.ke/i...&id=20&Itemid=36
As Iron Sharpens Iron, So one Man Sharpens Another.
a4architect.com
#7 Posted : Wednesday, October 23, 2013 4:51:15 PM
Rank: Veteran

Joined: 1/4/2010
Posts: 1,668
Location: nairobi
@siringi..i can see you peeping down here. Am still waiting for your clarifications on the above points.
As Iron Sharpens Iron, So one Man Sharpens Another.
Siringi
#8 Posted : Wednesday, October 23, 2013 5:12:46 PM
Rank: Elder

Joined: 6/8/2013
Posts: 2,517
@A4architect,

We need to isolate fact from opinion.

Let us start with your arguements in Nipate ===> here:

1. Your beef was that she is engaging other cheaper services from government institutions which are cheaper and undercut the proffessionals in the market right? at least that is where you started;

So those services offered by UNES (University of Nairobi Enterprise Services - to public entities )and i dont want to list them should be discontinued because there are many professionals out there who can offer the same services at a higher fee and promote the economy right?

sorry i did not attend economics for dummies

I do not want to list how many universities, colleges and government research and service institutions / department offer services on a government to government basis without having to undergo the rigors of tendering. yet similar services are offered by professionals or are your professionals special, vets should be up in arms againsy Upper Kabete Campus and Egerton/ AHITI or KARI etc
Doctors should be up against UoN , Moi Uni, KU etc

technical university i saw them repairing street lights for government institutions to electrical Engineers ought to riot no?

2. Valuation Services: I stand guided but having read the charges and the answers, the valuation in question is not valuation for ascertain market value of asset eg houses which is governed by the Valuers Act
We are talking about preparation of architectural Drawings and specifications, preparation of Bills of quantities and issuance of interim certificates.

in practice most of this kind of work is done even by artisans/ technicians, QSs (trust me on this one and dont even debate) we dont have enough architects to go round even staff at Public Works whom you praise are HnDs and regular diplomas and artisans

My question to you Which standard bidding documents among those listed ===>did she fail to use?

which among the eight or so prescribed procurement methods did she fail to use

3. Knowing public procurement the way you claim to know it, there must be a user department at the judiciary that planned the works, prepared the specifications, the procurement department invited tenders or otherwise failed to , some committee evaluated the tenders, another one awarded etc

why are we not smoking the whole chain out and singling GBS

How safe is the nect CRJ? that is the subject of my other thread

Without fear or prejudice








"πŸ˜–πŸ˜‘KQ makes money for everyone except the shareholder 😏😏 " overheard in Wazua
a4architect.com
#9 Posted : Wednesday, October 23, 2013 5:31:40 PM
Rank: Veteran

Joined: 1/4/2010
Posts: 1,668
Location: nairobi
Siringi wrote:
@A4architect,

We need to isolate fact from opinion.

Let us start with your arguements in Nipate ===> here:

1. Your beef was that she is engaging other cheaper services from government institutions which are cheaper and undercut the proffessionals in the market right? at least that is where you started;

My beef is that she is engaging EXPENSIVE services from JKUCAT who are not licenced to offer such services.Kes 82 m to design prefabs is surely quite high.


So those services offered by UNES (University of Nairobi Enterprise Services - to public entities )and i dont want to list them should be discontinued because there are many professionals out there who can offer the same services at a higher fee and promote the economy?

UNES and JKUCAT are not licenced to offer services to the public. Licenced entities are listed publicly by board of registration of architects and qs of kenya.
JKUCAT charged a very high fee, 82m, to judiciary for this.


sorry i did not attend economics for dummies

I do not want to list how many universities, colleges and government research and service institutions / department offer services on a government to government basis without having to undergo the rigors of tendering.

Govt to govt exchange of services is usually free of charge hence no need for tendering.
rchitects form ministry of local govt dont charge judiciary for services since they are on tax payer salary.
JKUCAT charged kes 82m for these services hence irregular.


2. Valuation Services: I stand guided but having read the charges and the answers, the valuation in question is not valuation for ascertain market value of asset eg houses which is governed by the Valuers Act

Valuation in question is about lease of premises at rahimtula building costing alot of millions. Such valuation is to be done by a registered valuer and not JKUCAT.

We are talking about preparation of architectural Drawings and specifications, preparation of Bills of quantities and issuance of interim certificates.

Again JKUCAT offered these architectural services for the prefab project which they are not licenced to.

in practice most of this kind of work is done even by artisans/ technicians, QSs (trust me on this one and dont even debate) we dont have enough architects to go round even staff at Public Works whom you praise are HnDs and regular diplomas and artisans

Public works employs registered architects properly trained to offer these services for free to govt institutions.
I once worked there so i know.

My question to you Which standard bidding documents among those listed ===>did she fail to use?

She used the bidding documents but with the wrong consultants.
These documents are clear on who can be
1.project manager
2.architect
3.qs
4.engineer


which among the eight or so prescribed procurement methods did she fail to use

3. Knowing public procurement the way you claim to know it, there must be a user department at the judiciary that planned the works, prepared the specifications, the procurement department invited tenders or otherwise failed to , some committee evaluated the tenders, another one awarded etc

why are we not smoking the whole chain out and singling GBS

Its up to shollei to throw the blame to the procurement dptment. In this case, the has stated these issues in her reply, meaning she believes she is right in using JKUCAT for professional services.

How safe is the nect CRJ? that is the subject of my other thread

If the next CRJ agrees to abide to the laws of Kenya, he /she will have no problem. In sholleis case, she has broken laws of kenya pertaining to construction.

Without fear or prejudice









As Iron Sharpens Iron, So one Man Sharpens Another.
tassia
#10 Posted : Wednesday, October 23, 2013 6:08:22 PM
Rank: Member

Joined: 4/25/2011
Posts: 368
Location: Nairobi
I have noted that this Siringi guy had really tried to tetea Shollei and I am wondering if understood the JSC report. I am an accountant although I currently do other things and have work with organizations which have respect for accounting, procurement, administration and human resources procedures in an organisation.

I read the report by the JSC and wondered if Shollei had any basic management training. I have high regard to lawyers but I even wondered what kind of a lawyer would be caught with those things.

The issues raised in that report show s that the person being accused in corrupt or just plain incompetent. Actually, I am in agreement with Abdullahi that someone should be taken to court
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