KMC Procurement Manager Disciplinary Action: Abdoulie Janneh Faces Proceedings

• A Local Government Commission of Inquiry found widespread procurement and financial irregularities at the Kanifing Municipal Council between 2018 and 2023.
• Former KMC procurement manager Abdoulie Janneh faces disciplinary proceedings for record-keeping failures, lack of market surveys, and potential bypassing of procurement controls.
• Another former procurement manager, Fatoumata Saho Cham, was cleared of misconduct after the government recognized her resistance to irregular instructions and efforts to follow the law.
• The inquiry revealed issues with KMC's Mbalit Project truck purchase, including pre-tender involvement of a supplier and selection based on pre-financing without a feasibility study.
• KMC officer Yankuba Njie faces disciplinary action and an audit for mismanaging collected revenue in his prior role, including personal use of funds.

The government ultimately rejected the Commission's recommendation for sanctions against Ms. Cham, acknowledging her efforts to resist irregular instructions and adhere to the law, thereby finding no personal misconduct on her part.

A comprehensive inquiry by the Local Government Commission of Inquiry has brought to light significant deficiencies in the financial and administrative operations of the Kanifing Municipal Council (KMC) between May 2018 and January 2023. The investigation revealed systemic problems across KMC's procurement processes, specifically citing failures in conducting proper price checks, ensuring competitive bidding, and maintaining adequate record-keeping. These findings underscore a broader pattern of non-compliance with established procurement regulations within the council.

Abdoulie Janneh, who served as a KMC procurement manager, is slated for disciplinary proceedings following the inquiry's findings regarding his unit's operations. Mr. Janneh, who initially joined KMC in 1999 as a storekeeper and became Procurement Manager in 2009, returned to lead the procurement department in November 2020. His unit was tasked with advising the chief executive and the Contracts Committee on the acquisition of goods, services, and the awarding of works contracts.

The Commission identified several critical gaps during Mr. Janneh's tenure. Notably, no written market surveys were maintained between 2021 and 2023, making it impossible for the council to demonstrate that contract prices were reasonable or offered value for money. Furthermore, a suppliers' list was only initiated in January 2021. Concerns were also raised that some transactions might have bypassed procurement controls, as Mr. Janneh stated he was only aware of formally submitted requests, and advice was frequently given verbally rather than being formally documented. Consequently, the government accepted the Commission's recommendation for an administrative sanction and referred him to the Local Government Service Commission for further disciplinary action, marking a significant KMC procurement manager disciplinary action.

In contrast to Mr. Janneh, former procurement manager Fatoumata Saho Cham was cleared of personal misconduct, despite the Commission initially recommending an administrative sanction against her. Ms. Cham provided critical testimony regarding several procurement breaches, including the acquisition of 19 waste trucks for the Mbalit Project. She detailed how Espace Motors was involved in discussions and financing arrangements even before the formal tender process commenced, leading the Contracts Committee to later convene to 'regularize' the process. This, she argued, unfairly advantaged Espace Motors over other bidders, such as TK Motors, which had submitted a lower price per truck. Espace was ultimately selected due to its offer of pre-financing, despite the absence of a feasibility study to confirm the project's ability to repay the loan from its own income.

Ms. Cham also highlighted the purchase of eight additional skip bins for D3.6 million without any competitive tender or request for quotations. Crucially, she recounted her refusal to endorse other procurement processes she deemed improper, including the acquisition of bulldozer parts and repeated contracts for clearing illegal dumpsites. Facing pressure from senior officials, she was subsequently transferred to the Finance Department in September 2020. The government ultimately rejected the Commission's recommendation for sanctions against Ms. Cham, acknowledging her efforts to resist irregular instructions and adhere to the law, thereby finding no personal misconduct on her part.

The inquiry's scope extended to other KMC personnel, including Yankuba Njie, who became a procurement officer in May 2022. However, the primary concerns regarding Mr. Njie stemmed from his earlier responsibilities as a market collector and market master. He admitted to failing to deposit collected revenue on time, retaining funds for extended periods, and temporarily using collected money for personal purposes, acknowledging the impropriety of these actions. While he claimed outstanding amounts were eventually repaid, he failed to provide supporting documentation.

As a result of these findings, Mr. Njie now faces disciplinary action and an audit, underscoring the broad implications of the Gambia Local Government Commission findings for financial accountability within public institutions. This comprehensive review serves as a stark reminder for all public servants in The Gambia regarding the stringent requirements for financial management, procurement integrity, and the critical importance of documenting resistance to improper instructions to ensure transparency and prevent Gambia public procurement breaches.

This inquiry into KMC procurement practices serves as a critical reminder for legal and compliance professionals advising public entities or engaging in public tenders in The Gambia. It underscores the severe consequences of non-compliance with procurement regulations, particularly regarding record-keeping, competitive bidding, and financial controls, and highlights the importance of documenting resistance to improper instructions.

Source: Original reporting via The Standard