Petition for Mabati Sita- Makaka-Magao Road to be done as per standards and Tender Award

Petition for Mabati Sita- Makaka-Magao Road to be done as per standards and Tender Award

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Kotieno Development Association started this petition to Governor Homa Bay County


WE, as people of Kotieno sub-location in Kendu Bay Town Ward, Homa Bay County and citizens of the Republic of Kenya would like to petition you through our association, Kotieno Development Association, created to represent our development interests and registered on 2nd June, 1971 pursuant to Rule 14 of Societies Rules under provisions of Societies Act, 1968 and published in Gazette Notice No. 1510 of 4th June, 1971

THROUGH OUR ASSOCIATION, DRAW the attention of the Governor of Homa Bay County to the following:-

AWARE THAT Article 179 of the Constitution of Kenya vests the executive authority of the county on county executive committee comprising of the Governor, the Deputy Governor and members appointed by the governor

AWARE THAT  the Constitution of Kenya under Article 37 and Sections 15 and 88 of the County Government Act, 2012 provides the rights of citizens to petition Authorities or County Government on any matter

AWARE THAT the County Governments Acts, 2012 under Section 89 provides that the County government authorities, agencies and agents have a duty to respond expeditiously to petitions and challenges from citizens.

AWARE THAT Public Procurement and Asset Disposal Act, 2015 under Section 68(1) provides that an accounting officer of a procuring entity shall keep records for each procurement for at least six years after the resulting contract has been completed or, if no contract resulted, after the procurement proceedings were terminated

AWARE THAT Public Procurement and Asset Disposal Act, 2015 under Section 68(3) provides after a contract has been awarded to any person or the procurement proceedings have been terminated, the procuring entity shall, on request, make the records for the procurement available to a person who submitted a tender, proposal or quotation, or any interested member of the public where such information held is aligned to the principle of public interest or, if direct procurement was used, a person with whom the procuring entity was negotiating

THAT WHEREAS Public Procurement and Asset Disposal Act, 2015 under Section 48(4) provides that the inspections committee inspecting projects shall ensure that the goods, works or services meet the technical standards defined in the contract

AND THAT County Governments Act, 2012 under Section 51(3) (d) and (g)  provide that the Ward administrator shall coordinate, manage and supervise the general administrative functions in the Ward unit, including the provision and maintenance of infrastructure and facilities of public services; and coordination and facilitation of citizen participation in the development of policies and plans and delivery of services

THAT the 4 km road from Mabati Sita through Makaka Market to Magao Dispensary has been in a bad state since the creation of the County Government of Homa Bay and has never been constructed to render it passable in all weather conditions

THAT the work done on the road has always been clearing and leveling and no drainage work, culverts or murum has been used to do work on the road since the creation of County Government of Homa Bay.

THAT it has come to our notice that the Governor rolled out road construction projects for county roads including roads in Karachuonyo, among which Makaka-Magao Dispensary road 4km was to be maintained at a cost of KShs 3,925,440.00 according to Item 13 in page 37 of Homa Bay County Assemby Report on Homa Bay County Budget Estimates for FY 2019/2020.

THAT the County Government advertised tender No. HB/CTY/T&I/009/2019-2020 for proposed maintenance of roads in Karachuonyo sub-county (Package 1) where conditions of contract, specifications and bills of quantities were detailed.

THAT Mabati Sita-Makaka-Magao Dispensary (4km) road was in this tender and details for routine maintenance were described in appendix in page 88 of the request for proposals.

THAT the clearing of the road has been done  and we are informed that there will be no drainage works, no culverts and murum work or any steel works contrary to specifications the tender No. HB/CTY/T&I/009/2019-2020.

THAT the residents are being asked to donate culverts and murum and the few donations given by some people cannot make the road be as per the standards described in the request for proposals and in the Governor’s speech when rolling out the projects.

THAT Your Excellency the Governor on 9th day of June, 2020 said in the Press Conference that the road construction would  start immediately and will involve excavation, fixing culverts and murruming to make the roads motorable in all weather.

THAT Your Excellency the Governor told contractors to do quality work to ensure the roads are durable and can be used for more than five years in good state and directed relevant departments to closely supervise the works and ensure the construction meets the required standards.

THAT the road projects are Your Excellency the Governor’s legacy and that the construction is meant to pacify residents who have been complaining of poor state roads in their wards.

THAT after the leveling done on Mabati Sita-Makaka-Magao Dispensary (4km) road, the state of the road is not good as to be motorable in all weather as hard materials, steel works, murum and culverts have not been placed to check on drainage

THAT in the state the road is in now after the leveling, it cannot withstand flash water during rainy season and delivery of drugs and equipment to Magao Dispensary will be affected since, like any other time it had been leveled before, water will cut-off sections of the road.

THAT WHEREAS petitioners confirm the County efforts to ensure good roads are rendered to the public, through award of contracts to repair the roads and do drainage, at the cost of KShs 3,925,440.00

THAT the work done on the road is deficient and cannot amount to anything close to the figure since just an excavator was used and no other work described in the bills of quantities and specifications was done.

AND THAT, all the matters in respect of which the petition is raised is not pending before any court of law or constitutional body.

HEREFORE your humble petitioners, through this Association, PRAY that Your Excellency the Governor intervenes and ensure that:-

a)     Your office responds to this petition in writing so that we can know that action shall be taken

b)     The Mabati Sita-Makaka-Magao Dispensary (4km) road is done as per the tender award to the standards and as per technical specifications

c)      Your Excellency the Governor and your team do physical verification of the ongoing work and its completion through a visit to the Dispensary through the road and in a meet the people tour to personally hear their concerns.

And your Petitioners, through this Association, will forever pray.

Presented by:

Elijah Oluoch


Kotieno Development Association

On behalf of:

Residents of Kotieno Sub-location and

Members of Kotieno Development Association

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