Senators demand Bomas complex contract as ministries clash over project oversight

Senators demand Bomas complex contract as ministries clash over project oversight

NAIROBI, Kenya, Sep 17 – Senators have demanded the contract and key financial and procurement records for the multi-billion-shilling Bomas International Conference Centre (BICC) project amid questions over the division of responsibilities between the Ministries of Defence and Tourism.

The Senate Standing Committee on Roads, Transportation and Housing, chaired by Nominated Senator Hamida Kibwana, wants the Ministry of Defence to submit the contract, procurement records and project progress reports after it emerged that the ministry was responsible for contracting and procurement.

The Ministry of Tourism, which is expected to own and market the facility, is responsible for positioning Kenya as a major international meetings, incentives, conferences and exhibitions destination.

Appearing before the committee, Tourism and Wildlife Cabinet Secretary Rebecca Miano said the contracting function had been delegated to Defence, which was therefore responsible for the contractual documentation.

“The contracting function had been delegated to the Ministry of Defence and we believe they will handle the documentation,” Ms Miano said.

The arrangement raised questions among senators, particularly because the project is being funded through the Tourism Fund.

Senator Kibwana said the committee required comprehensive documentation to scrutinise the project and establish how public funds were being spent.

The committee wants the contract and procurement records, financing agreements, project budgets and financial statements, as well as invoices, payment and expenditure records.

It has also demanded work plans, progress reports, project timelines, feasibility studies, technical reports, bills of quantities, approved designs and correspondence relating to the planning, procurement, financing and implementation of the project, including any variations to the contract.

Kitui Senator Enoch Wambua questioned why the Ministry of Tourism did not have custody of the key contractual documents despite being expected to own the facility.

“It cannot be that one ministry has signed a contract with a contractor, somebody undertaking construction, and another ministry is the one that is tracking progress,” Senator Wambua said.

He said the arrangement appeared unusual, with one ministry responsible for signing the contract while another monitored implementation.

Ms Miano told the committee that the project was approved by Cabinet in 2023, when Bomas of Kenya was under the Ministry of Culture and Gender.

She said procurement responsibilities were subsequently delegated to the Ministry of Defence as part of changes in the structure of government.

“This project was approved by Cabinet in 2023. At that time, Bomas was under the Ministry of Culture and Gender. The procurement process was then delegated to Ministry of Defence in review of the arrangement of government,” she said.

Bomas was later transferred to the Ministry of Tourism, with the ministry taking responsibility for monitoring the project’s progress, Ms Miano said.

She acknowledged that her ministry needed the contract to monitor implementation and undertook to obtain a copy from Defence for submission to the committee.

“I can discuss with the Ministry of Defence so that they give us a copy that we can submit,” she said.

Senator Wambua pressed the Cabinet Secretary on why the document could not be immediately provided if it was already being used by the ministry to monitor the project.

“The CS has just gone on record and said that she has a contract to guide our ministry in tracking progress. What is the difficulty in making that contract available to us?” he asked.

Ms Miano maintained that there was a distinction between technical supervision of construction and the Ministry of Tourism’s mandate over the facility’s eventual use and positioning.

She said Defence remained responsible for technical supervision and project management, while Tourism was required to ensure the facility was integrated into international tourism and conference calendars.

“It’s a national flagship initiative designed to position Kenya as a premier meetings, incentives, and conferences destination,” Ms Miano said.

She said Tourism needed to determine when the facility would be marketed internationally and when bookings could begin.

“It’s not the actual technical supervision that is still with the Ministry of Defence, and therefore there is no contradiction in that,” she added.

Nominated Senator Peris Tobiko said the committee should summon Defence officials to provide the documents if the Tourism ministry could not produce them.

Laikipia Senator John Kinyua also questioned the financial accountability arrangements, arguing that Tourism should have access to the contract because the project funds were being channelled through its docket.

He said the delegation of procurement to Defence did not remove Tourism’s responsibility to account for the money.

“It is your money. Somebody is doing your project,” Senator Kinyua told the Cabinet Secretary.

Committee Vice-Chairperson and Samburu Senator Steve Lelegwe said the committee should direct its inquiries to Defence if the Tourism ministry was unable to provide the required records.

Marsabit Senator Mohamed Chute called for Defence Cabinet Secretary Soipan Tuya to appear before the committee with the contract, procurement documents and records on the project’s implementation.

The committee also sought clarification on the role of Defence after construction is completed, given that Tourism is expected to take ownership of the facility and oversee its marketing and operations.

The BICC is being developed to expand Kenya’s capacity to host large international conferences and complement existing facilities, including the Kenyatta International Convention Centre.

The committee was informed that the proposed facility will have a main capacity of about 11,000 people, alongside auditoriums, ballrooms and other conference facilities.