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Post Reply: Justice Nixon Sifuna Cancels Kenyatta Stadium Tender Over Fraud, Orders Ksh.25 Million Refund

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on April 30, 2025, 6:28 pm</div><div id="pl-5200"  class="panel-layout" ><div id="pg-5200-0"  class="panel-grid panel-no-style" ><div id="pgc-5200-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-5200-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="1 1 []">In a landmark ruling on April 30, 2025, Justice Nixon Sifuna of the Nairobi High Court, Anti-Corruption and Economic Crimes Division, nullified a multi-million shilling tender for the renovation of Kenyatta Municipal Stadium in Kitale, Trans Nzoia County, citing rampant corruption and procurement irregularities. The court’s decision, hailed as a significant victory in Kenya’s fight against graft, declared the tender fraudulent and ordered the contractor to refund Ksh.25,334,525.50 to the state, along with interest at commercial rates. The ruling has sparked widespread discussion, with many lauding the judiciary’s role in upholding accountability and transparency in public spending.</p>
<p dir="ltr">The Ethics and Anti-Corruption Commission (EACC) initiated the legal action, targeting three individuals—Joseph Muindi Tevulo, Robert Simiyu Wambulwa, and the late Benjamin Ruto Timitim—accused of orchestrating fraudulent dealings that led to the loss of public funds. According to court documents, the disputed contracts, awarded on September 16, 2013, and April 22, 2014, were for the renovation of Kenyatta Stadium and the construction of sheds. The EACC revealed that despite the county’s 2013/2014 supplementary budget approving only Ksh.10 million for the project, Wambulwa secured a contract worth Ksh.15.8 million, violating public finance and procurement regulations. Justice Sifuna’s ruling was unequivocal: “The contracts between the 3rd defendant and the County Government of Trans Nzoia were tainted with irregularities, illegalities, and fraud. They are therefore null and void ab initio—as if they never existed.”</p>
<p dir="ltr">The court’s decision underscores the persistent challenges facing public procurement in Kenya, where inflated contracts and corrupt practices have long plagued development projects. Kenyatta Municipal Stadium, once a vibrant hub for sports in Trans Nzoia, has been in a state of disrepair for years, forcing athletes to seek training facilities elsewhere. The now-canceled tender was part of an effort to revive the facility, but the EACC’s investigation exposed how the process was marred by over-expenditure and lack of transparency. The ordered refund of Ksh.25 million is seen as a critical step toward recovering misappropriated funds and deterring similar malpractices in the future.</p>
<p dir="ltr">Justice Sifuna, a respected jurist with a background in environmental law and public interest litigation, has earned praise for his bold stance against corruption. His ruling aligns with his previous efforts to champion accountability, such as his 2022 advocacy for the Tomko-Kalya community in West Pokot, which earned him the African Development Bank’s Accountability in Action Award. Legal experts and anti-corruption advocates have described the Kenyatta Stadium verdict as a precedent-setting decision that reinforces the judiciary’s role in safeguarding public resources. “This judgment sends a clear message: no one is above the law, and public funds must be protected,” said Eric Ngumbi, EACC spokesperson, in a statement to the press.</p>
<p dir="ltr">The ruling has also drawn attention to the broader state of infrastructure in Trans Nzoia County. In 2023, Governor George Natembeya launched a Sh650 million project to reconstruct Kenyatta Stadium into a modern sports complex, aiming to boost sporting talent and economic growth. However, the legacy of earlier fraudulent contracts, as exposed in this case, highlights the need for stringent oversight in county-level projects. Local residents and sports enthusiasts expressed mixed emotions, with many relieved by the court’s intervention but frustrated by the delays in restoring the stadium. “We want a stadium we can be proud of, but not at the cost of corruption,” said Jane Wanjala, a Kitale-based athlete.</p>
<p dir="ltr">Public reaction on social media platforms, particularly X, has been overwhelmingly supportive of Justice Sifuna’s decision. Posts from users like @citizentvkenya and @BernardKavuli celebrated the ruling, with some describing it as the judiciary “doing the Lord’s work.” Others called for further investigations into similar tenders across the country, reflecting growing public demand for accountability. However, the EACC has hinted at potential challenges ahead, noting that enforcing such refunds can be complex, especially when dealing with deceased parties or uncooperative contractors. The commission has vowed to pursue all legal avenues to ensure compliance with the court’s orders.</p>
<p dir="ltr">As Trans Nzoia County grapples with the fallout of this scandal, the ruling serves as a reminder of the judiciary’s pivotal role in combating corruption. Justice Sifuna’s decision not only addresses the specific fraud surrounding the Kenyatta Stadium tender but also sets a broader precedent for holding public officials and contractors accountable. With the ordered refund and the cancellation of the tainted contracts, the path is now clear for the county to pursue legitimate efforts to restore the stadium, provided future processes adhere to the principles of transparency and due diligence. For now, the people of Trans Nzoia and anti-corruption advocates across Kenya await the next steps in this ongoing battle for integrity in governance.</p>
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