On Thu, Aug 9, 2012 at 8:43 AM, <bitange@jambo.co.ke> wrote:

Listers,
A number of you have independently asked me to clarify the Konza Land
issue that was in the papers yesterday. Let me briefly explain the
problem.

Prior to the purchase of Land we developed a conceptual framework on the
locationing of a tech city. Here we largely relied on the work done by
Booz Allen. Among other things research shows that a tech city must be
located at least 30 minutes from the airport and be in the outskirts of a
major city from where you can tap the human resource.

With this we crafted a tender document that restricted the suitable land
within the parameters of the conceptual framework. This was done openly
and we assumed it was indeed an open tender. But it emerged that the
definition of open was to advertise land availability anywhere without
restrictions. This grey area in the law is rediculous since land in Wajir
will have been of no use to us and as such we flouted the procurement law.

After our competitive bid, we consulted with the Ministry of Lands to give
us the valuation of which the recommendation was Ksh. 200,000. Since most
quotes were in the 300 range we focused on the most suitable piece and
offered to pay Ministry of Lands Valuation rate. In open tenders one is
not allowed to negotiate even when it is in the interest of the country.
Here it is said we manipulated the numbers.

This clearly is a misunderstanding since we still have grey areas in the
Procurement Law. Whereas KACC says we used direct or restricted tendering
to buying the land, our view was that the method was open since and one
that is in the interest of the country.

We did indeed consult the AG's office if what we did was in order and we
were given the clear. Much of this is done by various the departments but
I bear the ultimate responsibility.

What is absurd is the fact that the Daily Nation decided to highlight this
issue while we were having the Konza conference here with international
investors. This was the time we were telling investors that Kenya has
changed and corruption is being dealt with. Well they did a great damage
to my reputation. I read malice in the story since it is something that
has been around. I would rather have taken a six month jail term than
mess up with a project that I have devoted my life to. I have taken risky
decisions to have this project take off but it is now clear that we only
rejoice on successes.

KACC has a right to question what we do and indeed in Teams they were on
our case all through until the project was complete. The fact that they
question does not amount to corruption. This is how we can change laws
and make them dynamic with changing times. As much as I respect the
Media, in this case they hurt my character dearly yet what I did was right
and hoped we can change the law for future rational decisions. Never in
my public life have I tried to do something that is not in the interest of
the country.

Ndemo.

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