Tag: Cementers Limited

  • KURA DG Kinoti On The Spot For Sh687M Overpayment To A Notorious Cowboy Contractor

    KURA DG Kinoti On The Spot For Sh687M Overpayment To A Notorious Cowboy Contractor

    Kenya Urban Roads Authority (Kura) Director General Silas Kinoti is in the crosshairs of Members of Parliament amid allegations that he misappropriated funds through the over-payment of a contractor for works not done.

    The National Assembly Public Investment Committee on Energy and Commercial Affairs on Friday launched investigations on whether there was collusion between Kura and an Asian firm contracted for the construction of a bridge and access roads for Sh892 million during the 2018/2019 financial year.

    According to documents tabled before the committee, the roads agency paid Cementers Construction Company Sh687 million, despite 50 per cent of the work sum in the contract not being completed. “…An explanation is needed on why this contractor was overpaid. We want to know how the firm was paid Sh687 million for the work done so far. There seems to be some shrewdness at play,” said committee chair David Pkosing.

    “Bridges haven’t been done and almost all the money has been paid. A substantial amount of work has not been done. In the contract the amount of money remaining is Sh205 million, even if the bridges were to be completed, this money is not enough,” he added.

    The documents further show that the scope of the contract included the rehabilitation and upgrading of the single carriageway of Shreeji Road, the construction of walkways and drains, the expansion of an existing bridge over rail on Likoni Road and a river bridge on Enterprise Road. The firm was also contracted to construct concrete drains, pipe culverts, and drainage works on both Likoni Road and Enterprise Road.

    But according to an audit conducted in February by the office of the Auditor General revealed that the Likoni and Enterprise Road bridge was incomplete with the contractor having failed to submit design drawings. The Shreeji Road was also incomplete with only the earthworks done so far. “In the circumstances, it’s unlikely that the project will be completed by the revised completion date of April 8, 2023, thus impacting adversely on realisation for the value for money,” read a report by the Auditor General.

    Kura Director General Silas Kinoti told the watchdog committee the fate of the projects was now uncertain given that the contracted firm had been pushing for a termination of the contract despite the works not being complete. Kinoti explained that a move by the Kenya Railways Corporation (KRC) to move from the initial agreement of the contract signed occasioned the delays.

    He also noted that the Asian firm had been seeking a termination of the contract arguing that with the increase in the bill of quantities since 2018 due to inflation would be impossible to complete the scope of work with the contract sum.

    “The construction project stalled in 2021 and the correspondences that we have, showed that KRC changed their initial agreement on the metres of construction of the lanes from 5.1 metres to seven metres,” he explained.

    Pkosing consequently directed the office of the Auditor General to ascertain whether there was value for money in undertaking of the projects given that the works were not completed. “You (KURA) should submit the CR-12 of this contractor to the Auditor General. We will need all the parties there, that contractor included. He is not off the hook. If we apportion blame that contractor should be visible,” he directed.

    Aldai MP Marianne Kitany observed that the delayed completion of the three infrastructure projects has exacerbated the already strained traffic conditions along Likoni-Enterprise Road pushing for the need for accountability from the agencies involved in these projects.

    Cementers Construction

    The firm is associated with cowboy contractor Ramesh Kurji Visram who has been in the news for controversial deals in the past.

    Ramesh is believed to be amongst the contractors battling most suits from disappointed customers. Most of their clients, government agencies included, have complained about poor workmanship that has led to numerous commercial buildings collapsing in the city, due to poor structural viability.

    A case in point is a letter by the Industrial Area Business Community who have complained to the Infrastructure cabinet secretary James Macharia on the substandard work being carried out by Ramesh along Likoni Road in Nairobi’s Industrial Area.

    The work on the two-kilometre stretch were awarded by the Kenya Urban Roads Authority in 2019, and so far, companies like the UK-based British American Tobacco (BAT) cannot access their premises, leading to millions of losses in taxes which would be due to the Kenya Revenue Authority.

    Ramesh who is behind a construction firm Cementers Limited, is said to be on the radar of investigation agencies following numerous complaints on some of the shoddy projects he has been carrying out in the country with abandon.

    At Kura, Ramesh openly boasts to have pocketed Engineer Jacinta Mwangi, a director of Urban Roads Planning and Design, Engineer Jackson Magondu and Engineer Benson Kariuki in charge of Nairobi, hence that nothing can be done.

    Road agencies are notorious for taking bribes from cowboy contractors, a few have been unlucky and exposed now battling court cases but many of the corrupt officials continue to pocket millions from contractors.

  • FCB Mihrab Building Associated With Lawyer Ahmednasir Sued Over Half A Billion Shillings Debt

    FCB Mihrab Building Associated With Lawyer Ahmednasir Sued Over Half A Billion Shillings Debt

    A leading firm behind the construction of the iconic FCB Mihrab building in Kilimani area has moved to court to block the owner from leasing or selling units until a pending debt of half-a-billion shillings is settled.

    The building hosts a number of clients including Ahmednasir Abdullahi Advocates LLP.

    Cementers limited wants the high court to issue an order restraining Mihrab Development limited from selling, transferring or charging, renting or registering any further dealings on LR No. Nairobi Block 19/145 (previously known as LR No. 1/1339 before conversion) and the developments, thereon pending settlement of Sh595,153,163.

    Cementers ltd is leading firm of building and civil engineering contractors with over 40 years industry experience.

    It has offices in Kenya and Uganda and operations throughout the greater Eastern Africa region.

    In documents filed before Environment and Land Court, the firm says on or about June 28, 2013 the construction firm and Mihrab Development ltd entered into a contract for construction of office building.

    Mihrab Development ltd was required to pay the amount certified in each interim payment certificate upon receipt of the Architect/Engineer’s certified payment certificate Pursuant to this provision, the architect issued certificates No. 35 and 37 which have remained unpaid in full to date.

    Further, pursuant to clause 14.7 (c) of the said contract, Mihrab Development ltd was required to pay the amount certified in the final payment within 14 days upon receipt of the final payment certificate.

    Mihrab Development ltd has failed, refused, and or neglected to pay Sh. 595,153,163.91 being the total amount due under interim payment certificates No. 35 and 37 and the final account payment.

    The construction firm says the developer is yet to compensate cementers ltd for work done on the suit property having failed to settle certificates Nos. 35 and 37 and the final account payment despite successful completion of construction and taking full possession thereof.

    The total amount owing on account of Mihrab’s failure to fully pay for the developments constructed on the suit property is Sh. 595,153,163.9. Cementers ltd is apprehensive that the Mihrab Development intends to wholly sell the developments on the suit property being the office building known as FCB Mihrab.

    The construction firm having successfully developed the suit property, it has a legal and beneficial interest in the said property and the developments.

    “There is reasonably apprehensive that Mihrab has commenced a process in earnest to identify suitable purchasers of the remaining portions of the development on the suit property with a view to selling it to such purchasers so as to defeat any interest that the Plaintiff has in the suit property,” company told the court.

    The company through it director Dipak Halal argues that it is necessary that the suit property be preserved by the court as Mihrab Development ltd is engaged in a scheme to frustrate and defeat Cementers’s interest in the property and the developments undertaken thereon.

    Mihrab Development ltd has no other known assets or place of business in Kenya upon which execution of any decree can be levied or the debt recovery process may be undertaken successfully according to Cementers ltd.

    “On account of Mihrab’s willful and unconscionable refusal to fully settle the outstanding interim payment certificates and final account aforesaid the Cementers ltd has experienced extreme cash flow distress thereby jeopardizing ongoing construction projects and leading to default in Cementers’s financial obligations including loan facilities granted by NCBA Bank Plc.

    According to the construction argues that there is no suit pending and that there have been no other previous proceedings in any Court between the same parties hm over the same subject matter save for the ongoing debt recovery proceedings sought to be frustrated and defeated by Mihrab Development ltd through sale of the remaining portions.

  • MultiChoice Kenya Fraud Case Stalls Again

    MultiChoice Kenya Fraud Case Stalls Again

    An engineer accused of making a false report over the construction of Sh1 billion property for MultiChoice Kenya has failed to appear in court to plead to the charges.

    Kariuki Muchemi failed to turn up in court to plead to the charges of falsely making a structural Integrity investigation report on proposed construction of an office block for the pay-tv company.

    This is the second time he has not appeared in court after failing to plead to the charges together with other accused persons in January.

    Muchemi is accused that he falsely presented a structural integrity investigation report on proposed construction of office block for MultiChoice Kenya ltd on plot Number L.R NO 3734/421 dated February, 2017.  He allegedly committed the offence in February 2017 at an unknown place, with intent to deceive.

    Muchemi is also expected to plead to the charges of uttering false documents.

    Last month, Wilson Munyu Karaba, Stanley Kibathi, an architect and city lawyer Lavender Lucky Waindi both working for MultiChoice Kenya, appeared before Milimani Chief Magistrate Wendy Kagendo and denied the charges.

    They are accused of internationally altering a structural integrity investigation report on proposed construction of the office, an offence they allegedly committed on diverse dates between February 1 and April 13, 2017 at unknown place.

    The accused persons include directors of Interconsults Engineers ltd, Connapex Consulting Engineers ltd, S.K Archplans and Head of legal at MIH East Africa. The charges stated that they jointly conspired together to defraud Cementers Kenya ltd.

    Cementers Limited, the contractors, sued the TV firm arguing that MultiChoice was planning to sell the building located on Nairobi’s Oloitoktok Road even before the dispute is resolved.

    Following his suit, four people including MultiChoice Kenya lawyer have now been charged with conspiracy to defraud Cementers Ltd by intentionally altering the structural Integrity investigation report on a proposed construction of an office block for the company.

    The said report was in favor of the structural engineers, Connapex Consulting Engineering ltd against Cementers Kenya ltd and to demand damages of Sh895 million from Cementers Kenya ltd.

    Waindi is accused that on April 6, 2017 at unknown place incited Kariuki Muchemi to extract part of the structural Integrity investigation report on proposed construction of Office block for Multichoice Kenya ltd. Cementers Ltd is associated with contractor Ramesh Kurji Vishram.

    The three accused persons are out on a bond Sh300, 000 or alternative cash bail of Sh100, 000.

  • MultiChoice Kenya’s Feud With City Tycoon Over Fraud Claims Lands 5 In Court

    MultiChoice Kenya’s Feud With City Tycoon Over Fraud Claims Lands 5 In Court

    Pay-TV service provider, MultiChoice Kenya, is embroiled in a bitter dispute with a contractor after it rejected an Sh895 million faulty office block it had hired a local firm to build.

    Cementers Limited, the contractors, sued the TV firm arguing that MultiChoice was planning to sell the building located on Nairobi’s Oloitoktok Road even before the dispute is resolved.

    Cementers Ltd is associated with rogue contractor Ramesh Kurji Vishram. Vishram is notorious for shoddy jobs and is fighting suits from disappointed clients.

    Following his suit, four people including MultiChoice Kenya lawyer have now been charged with conspiracy to defraud Cementers Ltd by intentionally altering the structural Integrity investigation report on a proposed construction of an office block for the company.

    Wilson Munyu Karaba, Stanley Kibathi, an architect and MultiChoice Kenya lawyer Lavender Lucky Waindi appeared before Milimani Chief Magistrate Wendy Kagendo and denied the charges. A fourth suspect, Eugene Kariuki Muchemi was not presented in court. They were allegedly under instructions to alter the report to be in favor of MultiChoice who stand to lose millions in the suit lodged against them.

    They are accused that on diverse dates February 1 and April 30,2017 at unknown place being the directors of Interconsults Engineers ltd, Connapex Structural and Civil Engineering, SK Archplans and head of legal at MIH East Africa respectively, they jointly altered structural Integrity investigation report on proposed construction of office block for MultiChoice Kenya ltd.

    The office block was to be constructed on plot Number L.R NO. 3734/421 and that they allegedly altered the report dated February, 2017 to favour structural Engineer against cementers’ ltd and to demand demurrages from Cementers’ ltd.

    Waindi is accused that on April 6, 2017 at an unknown place, she incited Muchemi to extract part of the structural Integrity investigation report that was to be presented to Cementers ltd.

    The prosecution told the court that in February, 2017 at unknown place, Muchemi knowingly and fraudulently uttered a false structural integrity investigation report purporting it to be genuine structural Integrity investigation report.

    He further faces another charge of making false reports. The court directed him to appear to present himself in court and plead to the charges.

    The three accused persons were released on a bond Sh300, 000 or alternative cash bail of Sh100, 000.

    Lawyer WWambua Kilonzo told the court that they will oppose participation of the victim (Cementers Ltd) in the case.

    Cementers Limited was on March 18, 2015 awarded the Sh895 million contract to build the MultiChoice office block. The firm undertook to complete the work within 83 weeks or October 2016.

    But in January 2016, some beams started sagging prompting the Conapex Consulting Engineers Limited and MultiChoice to commission independent experts to find out the cause of the sagging.

    Conapex were the structural engineers overseeing the construction. Cementers Limited says after this defect was detected the structural engineer was replaced with Interconsult Limited, a firm that had been earlier engaged as an independent expert to audit the building after defects were detected.

    Cementers Limited said MultiChoice declined to give it a signed copy of the report and instead shared an unsigned document.

    The construction company claims that the report was doctored to show the sagging of the beams was caused by concrete. The report, Cementers says, was meant to absolve structural engineers from liability even as it became clear that the defect was structural for which structural engineers should have been held liable.

    Cementers Limited claims that by the time the construction was stopped it had done 70 percent of the work, translating to Sh626.5 million.

    The company claims that due to negative reputation emanating from the project it had lost a contract for development of Habitat valued at Sh1.3 billion and a Sh3.5 billion contract of Five Star Paradise in Kiambu.