Kenya Insights

Tag: Kenya National Highways Authority (KeNHA)

  • Court Rescinds Decision To Pay Lawyer Ahmednasir Sh750K For Destroyed Windscreen

    Court Rescinds Decision To Pay Lawyer Ahmednasir Sh750K For Destroyed Windscreen

    The Kenya National Highways Authority will not repair Senior Counsel Ahmednasir Abdullahi luxurious Bentley that was destroyed as he drove alongside Nairobi-Namanga highway.

    This is after Kajiado High Court judge set aside the decision by Commercial Magistrate Court directing KeNHA to pay SC Ahmednasir Sh750,311 damages to repair his car windscreen.

    Justice Stella Mutuku quashed the amount saying Ahmednasir failed to table evidence or call a witness to support his claims that indeed his vehicle was damaged as he drove along the busy highway that links Kenya-Tanzania.

    “It is my determination that this appeal succeeds and is hereby allowed. The judgement of the learned magistrate dated August 6,2020 is hereby set aside”, ruled Judge Mutuku.

    Justice Mutuku said the agency owes a duty of care to road users and should warn road users when carrying out repairs.

    However, it is a requirement of the law that the one alleging must present evidence to prove that he did travel to Arusha and that his vehicle was damaged as claimed.

    Kenya National Highways Authority (KeNHA) through lawyer Christian Andole had appealed against the decision made by Kajiado magistrate arguing that the court placed the burden of proving that the incident did not happen.

    KeNHA argued that the trial Magistrate

    SC Ahmednasir sued the agency for negligence after the windscreen of his Bentley Bentyaga was damaged by a stone at a section of the Nairobi-Namanga highway, which was undergoing repair by workers contracted by the agency.

    “No one else, other than the respondent, is aware that he was travelling to Nairobi from Arusha on the 30th August 2018. The exact location of the accident is also not known,” the judge said adding that the senior counsel mentioned that the incident happened somewhere between Kajiado and Isinya.

    In his suit, Ahmednasir claimed the workers failed to put up appropriate signs warning motorists of danger on the stretch of the highway that was being re-carpeted. A shrapnel hit the windscreen of his car shattering it as he drove back to Nairobi from Arusha on August 25, 2018.

    He said the agency failed to erect road signs to warn motorists of the ongoing works. The case was based on common law negligence as the agency owes a duty of care.

    Senior resident magistrate condemned KeNHA to pay the lawyer Sh750,311 for replacing the windscreen. In the ruling, the court faulted KenHa saying the agency was negligent for failing to put up safety measures such as road signs, to warn motorists of the repairs it was undertaking.

    The agency appealed the decision arguing that there was no evidence that the accident happened.

    The agency argued that the magistrate erred in law and in fact in holding that an accident damaging the respondent car did occur along Nairobi- Namanga highway.

    ” When there was no accident report, no OB number, no insurance assessor report, no photographs of the windscreen, no eye witness to the accident and no particulars furnished by the senior counsel of the purported contractors working on the road on the day of the alleged accident to collaborate the allegations by the respondent that his windscreen was damaged by stones as a result of the appellant negligence”, submitted KeNHA.

    They further argued that the magistrate by holding that the accident and or damage to the Ahmednasir car did occur in contradiction of his own finding at paragraph 31 of the judgement that the failure by the respondent to report the occurrence of any accident as stipulated by section 73(3) of the Traffic Act raised doubts that the respondent windscreen was damaged by stones along Nairobi – Namanga highway as alleged.

    The agency accused the magistrate for failing to appreciate the fact that the effect of his judgement is to aid the respondent to benefit from his (the respondent’s) Criminal conduct in failing to comply with the provisions of section 73 of the Traffic Act contrary to established legal doctrine on role of the courts.

     

  • Why Lobby Group Want Appointment Of KeNHA DG Ndungu Revoked And Board Disbanded

    Why Lobby Group Want Appointment Of KeNHA DG Ndungu Revoked And Board Disbanded

    The appointment will of Eng. Kung’u Ndung’u as the new Kenya National Highway Authority (KeNHA) Director-General has attracted both praises and criticism from stakeholders.

    In reference to our previous article where we elaborated how the appointment was just another of many scandalous appointments laced with nepotism from the Transport and Infrastructure Cabinet Secretary James Macharia, a lobby group has come out to echo sentiments and reports raised in the piece.

    Concern Citizens Kenya is now challenging the conduct and the manner in which the whole process of appointing the New Director General at KenHA Engineer Kungu Ndungu was carried out.

    ”WE are reliable informed that the whole process of appointment from the declaration of Vacancy, advertisement of the vacancy to the interviews of the shortlisted candidates was allegedly flawed and that the board members were coerced into picking Engineer Kungu Ndungu who allegedly performed poorly during the interviews. This was
    compounded by threats to disband the board of KenHA by a senior ministry official on the strength that the board is Constitutionally not properly constituted should they not approve Engineer Ndungu as the new Director General.” Reads the statement seen by Kenya Insights.

    “We are also reliably informed and privy to the fact that the recruitment process was not
    compliant to the laid down rules, policies, regulations and guidelines as set out by the Board
    of KEnHA, That the whole recruitment process was shrouded in secrecy and non-disclosure of the
    persons who applied for the position of D/G and those shortlisted for the interviews which
    contravenes the Constitution of Kenya 2010, the right and access to Information held by the
    state or its agency.” It continues.

    According to sources speaking to Kenya Insights, About a month ago in the heights of intense lobbying for Ndungu, Eng. Wangai Ndirangu and Eng. Kung’u Ndung’u organized two covert retreats for friendly road contractors in Nairobi and Mombasa whereby it’s alleged a hefty amount of money was collected from the contractors to go to some unknown course, bearing in mind that a succession process was ongoing, your guess is as good as mine. It is understood that contractors were promised unwarranted access to lucrative contracts under the leadership of the new DG. We also understand that the “Wangai-Mundinia team” had the full backing of Infrastructure CS James Macharia.

    The team roped in the services of a powerful and influential Office of the President Principal Administrative Secretary (PAS). The Mathioya-born man is feared for his ruthless efficiency in bulldozing and having his way concerning state appointments, his influence dates back to President Mwai Kibaki’s days, he is known as Mr Fix-it by his OP peers.

    The outgoing Ag DG Eng David Muchilwa had vested interests that raised eyebrows. Never in the history of the country has an outgoing head of a government agency or department developed such overt interest in who succeeds him. However, our investigation has confirmed that a trail of blatant theft, open corruption and tribalism in the hiring of staff characterized the tenure of the outgoing holder of the office of DG at KeNHA. Souses say the outgoing DG is determined to ensure he’s properly covered by his successor; Eng. Ndung’u incidentally, was the outgoing DG’s preferred natural successor.

    Among the shortlisted candidates for the DG position were Engineer Sidai(KPA), Acting DG Engineer David Muchilwa, Engineer Charles Obuon(Special Projects) Engineer Rashid(KURA), Engineer James Gatitu(KeNHA Compliance Director), Engineer Francis Gitau(NAMATA DG), Engineer Kung’u(Director Assets), Engineer Aketch(Private Sector).

    Appointment of Ndungu came at a backdrop of intense lobbying in controlling the lucrative docket that is marred with corruption and scandals from kickbacks. Many senior engineers feel the process was flawed and Ndungu was the least qualified candidate.

    “CS Macharia must never be allowed to DESECRETE the engineering profession! We the professionals have upheld without defeat the highest integrity values in honor of this sacrosanct profession! Please stop using strange excuses to perpetuate tribalism in this profession!” Eng. Omari Harrison said.

    “At KENHA (a young kikuyu engineer, Kungu Ndungu-a toddler professional by all accounts,has ‘beaten’ all competitors to emerge top & therefore he’s the new DG!!!The previous DG was also a Kikuyu! In this honorable profession, CS Macharia should stop the naked tribalism!”

    Another source talking to Kenya Insights confided, “Kungu Ndungu was the least qualified engineer at KeNHA. He doesnt have a masters in Engineering and his degree is being contested in court. He was appointed due to kickbacks he was sending up. Notably in the Dongo Kundu projects, the roads have deteriorated and retention walls collapsed due to coners being cut. Now kickbacks coming through from Fujita corporation building phase 2 via Machiri. Once Kungu Ndungu was transferred to Nairobi, Machiri received contracts for Expressway where Ndungu was in-charge.”

    Concern Citizens Kenya has raised exact issues on the suitability of Ndung’u based on his academic questionable credentials.

    “IT is important to note that prior to his appointment as the Director General Engineer
    Ndungu was the Director Road Assets and corridor Management at KenHA a position which
    was contested by a section of Human rights fraternity in Kenya on his suitability and
    ACADEMIC qualification at the high court of Kenya in a case file number E/58/2021 by the Commission of Justice and Human Rights and the matter is live and active at the high court in Kenya. We are therefore surprised to see a person whose capacity and academic qualification are subject to a court process is being approved for appointment and elevated to a higher office of the Director General by the CS James Macharia under unclear circumstances.”

    The lobby group has given the CS a 7 days notice “Having shown contempt and incompetency in the management of the state agency, KenHA
    which is tasked with Multi Billion Dollars infrastructure projects in Kenya and for fear of
    losing our money to incompetent managers at KenHA Board, the Director General Kungu
    Ndungu and the ministry of Transport under CS James Macharia,” to revoke the appointment of Ndung’u, dissolution of KeNHA board, resignation of KenHA board of Directors as the board is unconstitutional as it is currently constituted making them prone to manipulation and coercion as it is currently happening and are also seeking for the resignation as the CS Transport for failure to show leadership and to properly guide the board of KeNHA.

    With the appointment clouded with secrecy and perhaps efforts to seal off the big questions and paint a saint picture of Ndung’u, KeNHA went on an extreme PR drive sponsoring news items on local media to paint him as the saint. A clever move to keep the public eye out of focus on the scandalous appointment.

    A sponsored article on a local daily newspaper singing praises for the DG Ndung’u.

    This isn’t the only appointment by tribal chief CS Macharia that has been challenged, barely a month ago, the Employment and Labour Relations Court overturned the appointment of three board members of the Nairobi Metropolitan Transport Authority (NAMATA) citing ethnic dominance.

    In that particular ruling, Justice Nzioki wa Makau said the appointment of Mary Chege, Zachariah Mungai and Ronald Ndegwa on February 5 was “unconstitutional, unlawful and thus void ab initiofor the wanton disregard to the national values espoused in the Constitution.”

    “The interested parties subject of this suit (Chege, Mungai and Ndegwa) are all from one ethnic community and do not represent the diverse fabric that is the Kenyan nation. Their appointment therefore smacks on the evils of old which Kenyans opted to do away with in the Constitution we took on for ourselves in 2010,” Justice Makau ruled.

    NAMATA is tasked with among other things the oversight of an ambitious Sh5.6 billion Nairobi Bus Rapid Transit (BRT) system which is part of an initiative to ease traffic congestion in the capital.

    The Law Society of Kenya, the petitioner, had argued that the appointments of Chege, Mungai and Ndegwa were made in violation of key tenets of law including public participation.

    The petitioner also told the court that the appointments failed to conform to Article 10 of the Constitution on national values and principles of governance which include social justice, inclusiveness, equality, transparency, accountability, human rights, non-discrimination and fair administrative action.

    LSK further argued equal rights – including the right to opportunities in the political, economic and social spheres – guaranteed to all citizens under Article 27 were infringed.
  • The Intrigues Behind The Appointment Of Kungu Ndungu To Head KeNHA

    The Intrigues Behind The Appointment Of Kungu Ndungu To Head KeNHA

    If there’s anything that the Transport and Infrastructure Cabinet Secretary James Macharia has delivered perfectly well on that it must be shameless, consistent tribal appointments. Macharia has made sure that the top posts in the transport docket are occupied by his tribes mates and in his head only Kikuyus are the most qualified to hold such positions, don’t get me wrong, nothing tribal in this argument but Macharia’s madness must be called out.

    Barely two weeks since the Employment and Labour Relations Court overturned the appointment of three board members of the Nairobi Metropolitan Transport Authority (NAMATA) citing ethnic dominance, Macharia is back at it again in KeNHA.

    In that particular ruling, Justice Nzioki wa Makau said the appointment of Mary Chege, Zachariah Mungai and Ronald Ndegwa on February 5 was “unconstitutional, unlawful and thus void ab initio for the wanton disregard to the national values espoused in the Constitution.”

    “The interested parties subject of this suit (Chege, Mungai and Ndegwa) are all from one ethnic community and do not represent the diverse fabric that is the Kenyan nation. Their appointment therefore smacks on the evils of old which Kenyans opted to do away with in the Constitution we took on for ourselves in 2010,” Justice Makau ruled.

    NAMATA is tasked with among other things the oversight of an ambitious Sh5.6 billion Nairobi Bus Rapid Transit (BRT) system which is part of an initiative to ease traffic congestion in the capital.

    The Law Society of Kenya, the petitioner, had argued that the appointments of Chege, Mungai and Ndegwa were made in violation of key tenets of law including public participation.

    The petitioner also told the court that the appointments failed to conform to Article 10 of the Constitution on national values and principles of governance which include social justice, inclusiveness, equality, transparency, accountability, human rights, non-discrimination and fair administrative action.

    LSK further argued equal rights – including the right to opportunities in the political, economic and social spheres – guaranteed to all citizens under Article 27 were infringed.

    On Friday, Macharia was back to his usual colors, Engineer Kungu Ndungu of Road Asset and Corridor Management in Kenya National Highway Authority (KeNHA)  was appointed to his new role as Director-General.

    In a statement on Friday, October 8, CS James Macharia noted that the new director was picked after a competitive recruitment process carried by the board.

    “We are confident that Eng Ndungu will continue to building organisational capabilities, accountability and successful business delivery at KeNHA,” part of the statement read.

    This comes following the expiry of the former acting director Eng. David. A Muchilwa service contract after his appointment to substantially fill the vacancy on July 31, 2021.

    Appointment of Ndungu came at a backdrop of intense lobbying in controlling the lucrative docket that is marred with corruption and scandals from kickbacks. Many senior engineers feel the process was flawed and Ndungu was the least qualified candidate.

    “CS Macharia must never be allowed to DESECRETE the engineering profession! We the professionals have upheld without defeat the highest integrity values in honor of this sacrosanct profession! Please stop using strange excuses to perpetuate tribalism in this profession!” Eng. Omari Harrison said.

    “At KENHA (a young kikuyu engineer, Kungu Ndungu-a toddler professional by all accounts,has ‘beaten’ all competitors to emerge top & therefore he’s the new DG!!!The previous DG was also a Kikuyu! In this honorable profession, CS Macharia should stop the naked tribalism!”

    Another source talking to Kenya Insights confided, “Kungu Ndungu was the least qualified engineer at KeNHA. He doesnt have a masters in Engineering and his degree is being contested in court. He was appointed due to kickbacks he was sending up. Notably in the Dongo Kundu projects, the roads have deteriorated and retention walls collapsed due to coners being cut. Now kickbacks coming through from Fujita corporation building phase 2 via Machiri. Once Kungu Ndungu was transferred to Nairobi, Machiri received contracts for Expressway where Ndungu was in-charge.”

    Kenya Insights has also learnt of a scandal that was roped in during the lobbying for Ndungu to take over the DG’s position.

    At this point in line with tribalism at KeNHA, the board’s chairman is also a Kikuyu, Eng. Wangai Ndirangu, so you can imagine the combo of top most management officials coming from the same tribe and we’ve not even touched base on the directors. Back to the story.

    About a month ago in the heights of intense lobbying for Ndungu, Eng. Wangai Ndirangu and Eng. Kung’u Ndung’u organized two covert retreats for friendly road contractors in Nairobi and Mombasa whereby it’s alleged a hefty amount of money was collected from the contractors to go to some unknown course, bearing in mind that a succession process was ongoing, your guess is as good as mine. It is understood that contractors were promised unwarranted access to lucrative contracts under the leadership of the new DG. We also understand that the “Wangai-Mundinia team” had the full backing of Infrastructure CS James Macharia.

    The team roped in the services of a powerful and influential Office of the President Principal Administrative Secretary (PAS). The Mathioya-born man is feared for his ruthless efficiency in bulldozing and having his way concerning state appointments, his influence dates back to President Mwai Kibaki’s days, he is known as Mr Fix-it by his OP peers.

    The outgoing Ag DG Eng David Muchilwa had vested interests that raised eyebrows. Never in the history of the country has an outgoing head of a government agency or department developed such overt interest in who succeeds him. However, our investigation has confirmed that a trail of blatant theft, open corruption and tribalism in the hiring of staff characterized the tenure of the outgoing holder of the office of DG at KeNHA. Souses say the outgoing DG is determined to ensure he’s properly covered by his successor; Eng. Ndung’u incidentally, was the outgoing DG’s preferred natural successor.

    Among the shortlisted candidates for the DG position were Engineer Sidai(KPA), Acting DG Engineer David Muchilwa, Engineer Charles Obuon(Special Projects) Engineer Rashid(KURA), Engineer James Gatitu(KeNHA Compliance Director), Engineer Francis Gitau(NAMATA DG), Engineer Kung’u(Director Assets), Engineer Aketch(Private Sector).

    Francis Gitau was seen as the tip candidate but was slammed by board over conflicts. Investigations have established that Gitau was a board member at KeNHA until the DG position fell vacant. Gitau is among the directors who invented the intent for the vacant DG position.

    About the KeNHA Board

    It consists of representatives from LSK, ICPAK, Surveyors of Kenya, Transporters Association, and representatives of the Ministry of Infrastructure, Finance, Lands and Housing, and OP.

    Ndirangu is the third KeNHA Chair, after Engineer Erastus Mwongera and Annah Muriithi.

    Engineer Mundinia is the second director General after Engineer Meshack Kidenda.

    Kenha has been synonymous with graft scandals running into billions and with the loose ends, people fight blood and sweat to be on the lucrative table filled with buffet of kickbacks.

    Other key transport dockets being held by Kikuyus courtesy of Macharia’s open tribalism.

    • Kenya Rural Roads Authority-Eng. Silas M. Kinoti, Director General.
    • Kenya Rural Roads Authority- Eng. Philemon K. Kandie, Ag. Director General
  • Nairobi Expressway Project Falls Behind Schedule

    Nairobi Expressway Project Falls Behind Schedule

    Construction of the Nairobi Expressway is taking longer than expected, with officials now expecting the project to be operational in June 2022, and not February as initially planned.

    The Kenya National Highways Authority (KeNHA) on Wednesday said the 27-km highway is 57% complete with the heavy works having been accomplished.

    “Between now and December 2021, we are likely to see all the heavy works involving deep excavation, diversions completed,” KeNHA chairman Wangai Ndirangu said on Wednesday.

    “For the period between January 2022 and June 2022, we will proceed to install the infrastructure that will allow us to operate the road furniture, marking, and the tolling booths.”

    KeNHA did not give details on the causes of the delay.

    The Nairobi Expressway, which has been underway since mid-last year, begins at Mlolongo, connects Jomo Kenyatta International Airport to the CBD, and then terminates at James Gichuru in Westlands.

    The project follows the signing of a deal between the Kenyan government and China Road and Bridge Corporation (CRBC) to have the latter undertake the venture as a concessionaire.

    CRBC will build the road on a public-private partnership (PPP) basis, with a concession period of 30 years after which the project will be handed back to the government.

    CRBC, which is expected to invest its own money, will recoup its investment from toll fees paid by motorists using the expressway. There will be 10 tolling stations along the route.

    “Project investors will recoup their costs through modest pay-as-you-use fees at designated toll stations. The expressway is expected to serve at least 25,000 vehicles per day,” the President’s Delivery Unit said in statement last year.

    According to the road design, the first 15.5km is being constructed at grade, while the last 11.2km will be constructed as an elevated road.

    The section between Eastern Bypass and Southern Bypass will be a six-lane dual carriageway, while Mlolongo to Eastern Bypass, and Southern Bypass to James Gichuru will be four-lane dual carriageway.

    The elevated highway will begin near Ole Sereni Hotel and run through the CBD along Uhuru highway up to James Gichuru junction. Haile Selassie Road, Kenyatta Avenue and University Way will pass below the elevated road.

    The Nairobi Expressway, which is part of KeNHA’s plan to improve the thoroughfare from JKIA to Rironi, is being built at a cost of Sh62.2 billion.

    It comes less than three years after the government said it had abandoned its pursuit for the elevated highway that was initially estimated to cost Sh38 billion.

    A section of Nairobi residents had earlier expressed concerns about the negative visual impairment the double decker road would have created.

    At the same time, business owners and landlords alongside the highway had also expressed concerns that, if erected, the road would lower their property values.

    These concerns were then believed to be among the key reasons as to why KeNHA had opted to pursue alternatives for easing congestion on the busy road.

    “The stretch around Uhuru Park will not have an overpass, so as not to cause visual intrusion. Motorists should have an unobstructed view of the surrounding greenery,” a KeNHA official said in February 2018.

    The Authority said it would instead set up a 43.5km toll road from JKIA to Rironi at a cost of Sh59 billion, funded by the World Bank and the African Development Bank.

    These plans have since been abandoned and the government is now keen to implement the double decker highway project against professional advice by various stakeholders.

    Previously seen as a means to decongest cities, elevated highways are today viewed as infrastructure mistakes of the 20th century and are now facing the axe in many countries.