The State Department for Basic Education is facing scrutiny over irregularities in the implementation of school infrastructure projects worth Ksh6.6 billion across 30 counties.

An audit report has revealed numerous flaws, including incomplete and poorly done works, unexplained delays, and breaches of procurement laws in the construction of classrooms, laboratories and sanitation facilities.

According to Auditor General Nancy Gathungu’s report for the 2023/2024 financial year, the department entered into agreements with 25 contractors on April 26, 2022, to deliver 1,506 classrooms, 863 laboratories and 1,932 sanitation units.

However, a review of project records exposed a range of issues  from unjustified changes to contract timelines, delayed starts, abandoned projects, and unaddressed technical faults, raising concerns about value for money and accountability.

The report highlights that although a three-member technical committee was formed to recommend payments, the schools involved and the procurement office were not part of this committee. Additionally, there were no minutes of meetings or inspection reports backing the payments.

Instead, payments were based solely on consultants’ recommendations, contrary to Regulation 139(3) of the Public Procurement and Asset Disposal Regulations, 2020.

“In the circumstances, value for money may not have been realised from expenditure on the construction contracts valued at Ksh6,655,812,555 while Management was in breach of the law,” reads the report.

Despite receiving funding, many of the projects never began. As of June 30, 2024, 30 classrooms, 40 laboratories, four water projects, and 471 sanitation blocks valued at Sh573.9 million had not commenced, and no explanation was provided for these delays.

Additionally, the responsible officers failed to impose liquidated damages as outlined in the contract terms for delayed work.

“Further, termination proceedings had not been commenced despite the contractor having abandoned the work for a period exceeding twenty-eight (28) days without evidence of authorization by the Project Manager,” the report states.

On project completion, the Status and Progress Report dated July 16, 2024, showed that 72 per cent of the total contract amount around Sh4.8 billion, had been paid.

However, only 77 per cent of the work was done, leaving a 23 per cent gap in expected delivery.

The audit also found that advance payments of Sh475,080,581 had been recovered from the original Sh658,683,601 issued to contractors.

But in five counties where more than 90 per cent of the work had been certified, an under-recovery of Sh18,326,275 was recorded.

Further concerns were raised over 267 stalled projects in Tana River (67), Kwale (186) and Taita Taveta (14), with a total contract value of Sh344.2 million.

“However, no explanation was provided for the stalled projects. Further, no evidence of liquidated damages being claimed and paid by the contractors was provided for audit. In addition, the performance bonds had expired and exposed the Project to loss of funds,” states the report.

Gathungu’s team also conducted physical inspections in Homa Bay and Baringo in September 2024 and found glaring issues of poor workmanship.

In Homa Bay, laboratories constructed at God Bura and Tonga Boys Secondary Schools had cracked floors, unfinished gas and water systems, and defects that had been reported by the schools but not addressed by contractors.

At God Bura Secondary, the laboratory lacked a ramp for physically challenged learners, and furniture provided was of poor quality. “Defects noted by the Schools and reported to the contractors had not been rectified,” the report says.

In Baringo, Marigat Integrated Day Secondary School and Marigat Boarding Primary School received contracts worth Ksh3 million and Ksh900,000 respectively for laboratory and sanitation works.

However, the audit found that at the time of inspection, the contractor at the Secondary School site was missing.