The Ethics and Anti-Corruption Commission (EACC) on Wednesday, April 30, secured a landmark victory after the Milimani Anti-Corruption Court ordered the cancellation of an illegal tender for the renovation of Kenyatta Municipal Stadium in Trans Nzoia County.

The court also ordered the refund of KSh 25,334,525.50 that was to be used for renovation purposes and the construction of spectator sheds.

In a ruling delivered by Hon. Justice Nixon Sifuna, the court declared the deal null and void and directed the contractor to refund the KSh 25 million to the government.

In the case, EACC urged the court to nullify the tender, stating that it was marred by fraud and illegalities.

“The Plaintiff has maintained that the tender process in the impugned tenders was tainted with fraud and illegalities on the part of the defendants,” the court’s ruling read in part.

“This Court considers the subject transaction as an execution of illegality, rather than the rendering of a service for which payment should be made,” the court further noted, adding, “In cases of a tainted tendering process, liability should lie with the awardee and the facilitators within the procuring entity.”

EACC welcomed the judgment, reiterating that it was a significant milestone for the Commission in its ongoing efforts to recover misappropriated public funds and assets.