Court told how Lands official awarded wife's firms Sh244m tenders

A Ministry of Lands procurement officer is now on the spot after a lawsuit filed in court exposes how he allegedly used his position to facilitate allegedly irregularly Sh244.97 million in government tenders to six businesses owned by his wife for over a decade

In a civil suit filed at the Milimani Anti-Corruption High Court, EACC alleges that Patrick Makau Muteti, a Principal Supply Chain Management Officer at the State Department for Lands and Physical Planning, participated in or influenced procurement processes through which the companies obtained contracts between January 2015 and September 2025.

The firms linked to  Muteti and his wife Lilian Wanza Musili are said to have received millions of shillings in public payments which were allegedly used to acquire six multi-million-shilling properties in Nairobi and Konza South, as well as a Toyota Vanguard, with the assets’ stated value totalling approximately Sh266.98 million.

According to the court documents, Muteti was redeployed to the unit in August 2013, before being redesignated Supply Chain Management Assistant IV from November 13, 2013.

The commission alleges that in July 2014, about a year after his deployment, his wife Musili  registered the first two businesses, Pampire Hyper Solutions and Momentum Solutions.

Vineyard Hyper Solutions and Trihard Solutions followed in January 2016, while Moptive Enterprises was registered in February 2024 and Trimple Agencies Limited in March 2024.

“Since their respective incorporation, the said entities have principally and/or exclusively traded with the Ministry," EACC lawyer Purissima Wambugu states

Among the actions cited in the court papers, Muteti created or initiated electronic tenders and invited bidders, including businesses owned, controlled or associated with his wife.

EACC further alleges that, in certain instances, Muteti had access to bids before their official opening and participated in tender evaluation committees considering bids from the companies.

In some cases, the commission claims, he served as the sole member of an evaluation committee.

"That Muteti was involved in accessing and or having the ability, by virtue of his role as a sourcing buyer, to view bids submitted by prospective bidders prior to the official opening of the tender," EACC states in documents.

" He participated in the award of tenders to entities owned, controlled and/or associated with his spouse in circumstances where, in certain instances, no other bidders had responded to the respective tenders."

EACC has also raised concerns over the sequence of procurement paperwork, alleging that in some transactions goods were delivered and invoices raised before the relevant Local Purchase Orders were signed by authorised officers.

The commission argues that the Ministry used the request-for-quotations method to procure stationery and other supplies whose values allegedly exceeded the statutory threshold for that procurement method.

The agency accuses Muteti of failing to disclose his private interest, recuse himself from the procurement processes and avoid using his official position to benefit businesses associated with his wife.

According to EACC, the six businesses received a total of Sh244,972,109.25 from the Ministry under the disputed procurement contracts.

Momentum Solutions allegedly received the largest amount, Sh72.36 million, followed by Pampire Hyper Solutions, which was paid Sh53.16 million. Vineyard Hyper Solutions got Sh50.72 million, while Trihard Solutions Sh47.37 million. Moptive Enterprises Limited received Sh10.18 million and Trimple Agencies Limited Sh11.14 million.

The commission wants the court to declare the procurement transactions unlawful and order the defendants to repay the money, arguing that the payments arose from contracts allegedly tainted by conflict of interest and breaches of procurement requirements.

Beyond seeking recovery of the money paid to the businesses, EACC is pursuing seven assets it alleges were acquired wholly or partly using the disputed funds.

The list includes five pieces of land in Nairobi valued at Sh49.5 million, Sh87.7 million, Sh7.9 million, Sh45 million, and another at Sh18 million. The sixth property is land in Konza South, valued at Sh56.5 million.

The seventh asset is a Toyota Vanguard, valued at Sh2.38 million.

EACC says it traced some of the disputed funds to accounts at Kenya Commercial Bank and Co-operative Bank, which it identifies in the court papers as belonging to Musili and one of the couple’s children.

In the substantive suit, the commission is asking the court to order the recovery of Sh244.97 million.

Alternatively, it wants the listed properties and vehicle forfeited and sold by public auction, together with forfeiture of the funds held in the two bank accounts.

It is also seeking orders to cancel or rectify registrations and transfers where necessary to give effect to any recovery or forfeiture order the court may eventually issue.

On October 13, Justice Joseph Kipkoech Biomdo certified EACC’s application as urgent and issued interim orders restricting withdrawals, transfers and other dealings with funds in the two bank accounts.

Both parties are required to file written submissions by November 17, with the application scheduled for an inter partes hearing on November 19.