A row has ensued between the Architectural Association of Kenya (AAK) and the PS, Ministry of Energy. This was after an anonymous blog, http://kenarch.weebly.com , made allegations of ‘massive fraud and bribery’ after a local architectural firm, K & M Archplans, were dropped as the winners of a design competition for the ministry’s headquarters in South C, Nairobi.
The ministry linked the blog to the association and complained to the AAK chairman about their refusal to accept the procedures of the Public Procurement and Disposal Act of 2005. It has emerged that on April 28th 2010, the AAK had written to the PS raising concerns on why the winners of the tendered project had been thrown out without any explanations. This happened despite them having followed the due process in the tendering for consultancy services. The ministry also demanded that the AAK provide all the information it has on the allegations to the Kenta Anti Corruption Commission (KACC).
The AAK chairman responded by dismissing the ‘threats’ of the PS stating that they are not obliged to make any statements to KACC. “The KACC are capable of taking statements from anybody, if there is good reason to do so, without being prompted.” The letter said. The chairman asserted that the association will continue to execute its mandate to its members as it is ‘an authority and a key stakeholder in the built and natural environment in the country.’
Documents obtained by Architecture Kenya indicate that K & M Archplans were dropped out after winning the tender and asked to retender. The ministry then issued a ‘quality cost based request for proposal’ which contradicts the ‘conditions of engagement and scales of fees for professional services for building and engineering works’ that have been issued by the government. The ‘quality cost based request for proposal’ encourages undercutting of professional fees which is deemed to be professional misconduct and those participating in such proposals could be penalized.
The controversial project is estimated to cost Kshs 2 billion. Using the scales of fees as prescribed by the Architects and Quantity Surveyors Act Cap 525, all the consultants involved, including the architect, civil/structural engineers, mechanical/electrical engineers, quantity surveyor, planner, environmental design consultant and landscaper will take home a collective amount of Kshs 250 million in consultancy fees. The lion’s share will go to the architect.
Having worked on the project from inception,I totally beleive it would have been the most sustainable scheme ever built in this country.
A complex aligned on three courtyards,the building had thin plans which would have allowed cross ventilation at ease,use of light controlled fixtures,collection and re use of rainwater,use of natural materials,harnessing of solar power for landscape lighting just to say a few.
Even with the massive corruption and Km Archplans leaving the project to fight fairly and genuinely for itself,the project won with a big margin after evaluation.
Corruption being the deadly cancer it is in this country caught up with the project just before the tender was awarded.The Ministry of Energy claimed that the procurement was illegal since the financial proposal was not included in their RFP. They called for a re tender so that their favourite candindate who had a horrible scheme which couldn’t win against ours can have a chance.
MY REQUEST IS TO THE KACC TO CHECK THE DEALS WITHIN MINISTRY OF ENERGY PS’s OFFICE AND THE BASIS ON WHICH THE RE TENDENDERED SCHEME WAS AWARDED.
Visit kmarchplans.com to see our projects
Thank
King’aru Julius
Even if they divert the project to be done by others based on “CORRUPTION QUQLIFICATIONS” the AAK should stand firm to protect its professional ethics and should report this widely to be known throughout. The Govt. should also listen to AAK and should also give them a chance to express what they feel is right and being the professional body of this expertise, I feel they got more weight than any other body in this country and world at large!!
The Govt. should Let K&M take over the the project.
Lets Kill corruption especially in our constrution industry.
So very Kenyan.
Gichaga Mwangi I totally agree with you,the AAK is the authorised body which should protect the works of visionary architects like what K&M Archplans is trying to achieve.It is the key body which can salvage the sweat of hardwork and determination rather than the power of the briefcase.
Even when K&M Archplans asked the ministry of energy PS to state why he terminated the tender,he just gave lame excuse that the tender was illegal,we wondered it became illegal when k&m won and what he was doing all thru the process of competition.
I salute AAK which I put at the same level as RIBA.its high time they asked architects not to participate in that project until justice is done.
Corruption has become endemic in Kenya.
It is so sad that we can actually allow a profession and discipline that affect our livelihood significantly by modelling our environment be compromised because of hunger for enriching ourselves…
When the developed world is encouraging the Architects to design sustainable building through introduction of LEED awards, we are actually killing those practises which attempt to follow this model…
So sad…
This is equivalent to a doctor recommending a cure or a procedure to save the life of a patient but we say there must be a cheaper way and in the long run we kill the patient…
This is impunity per excellence…
This is Kenya. Knowing Architect Kimathi, i would definitely have expected those corrupt officials at the ministry to pull away the rug under his feet. they probably went to him for a kick back and were very disappointed.
@ mugo.
I totally feel your concern,the architectural environment in Kenya is so dirtied by stereotypical thinking that the pocket supercedes quality.
It is only a change of attitude and the beleive that it has been done in other places like in the developed world and that it possible to be done here in Kenya.
It is a big challenge,but it is only the tough who can win this war,one tough soldier is better than a thousand cowards.
@ Tairo
“This is kenya”..have become so famous with young people,what does it really mean?
‘This is Kenya’ may not necessarily be synonymous with young people. It is simply an admission that corruption is rampant in Kenya to an extent where one would be surprised to attain a feat without ‘oiling some wheels’.
I think admitting that there is a problem would be a first step towards solving it. My point was Arch. Kimathi may not have ‘oiled some wheels’ at the ministry but we shouldn’t give up as i know he properly won the parliament project so there are a few good people out there……., even in government.
King’aru, check this article and talk to your boss. http://kenarch.wordpress.com/2010/05/21/kenyan-architects-with-the-worst-websites/
@ Tairo
Hahaha,that article just made me laugh….although I dont know what is a good website just the way I preffer quality of a content rather than the handwriting…
That is why I didnt react to it.by the way what is good website again?
King’aru
It is one that is aesthetically pleasing. Unfortunately, K&Ms is not.