Maraga Questions Kenya Police Uniform Procurement Graft

• Former Chief Justice David Maraga has alleged corruption and a lack of transparency in the procurement of Kenya's new police uniforms.
• The National Police Service (NPS) denies these claims, stating that Bedi Investments Limited secured the manufacturing contract through a lawful process compliant with the Public Procurement and Asset Disposal Act, 2015.
• Maraga, who chaired the National Taskforce on Police Reforms, noted the uniform change was one of over 200 recommendations submitted to President Ruto in November 2023.
• He advocates for the full implementation of all task force recommendations, including an independent police service and transparent recruitment, to address systemic issues and restore public trust.
• The NPS confirmed that Nalitex Limited was not involved in the development, selection, procurement, or manufacture of the new uniforms.

Unless the independence of the police service is restored, we will not have a country.

Former Chief Justice David Maraga has publicly questioned the integrity of the procurement process for Kenya's recently unveiled police uniforms, alleging that the initiative has been compromised by corruption and a notable lack of transparency. These concerns, articulated by Maraga, suggest that the implementation of recommendations from the National Taskforce on Police Reforms, which he chaired, has been marred by these issues. The task force's comprehensive report, containing over 200 recommendations, was presented to President William Ruto in November 2023, with the police uniform change being one of its many proposals.

Maraga's criticism specifically targets the manner in which the uniform recommendation has been executed, describing the process as tainted by alleged graft and opaqueness. His remarks followed closely after President Ruto officially introduced the new Kenya Police Service General Duty uniforms on August 28, during a passing-out parade held at the National Police College in Kiganjo, Nyeri County. This new uniform design signifies a return to a more traditional color scheme, departing from the bright blue General Duty attire that was first introduced in 2018/2019. The task force had initially recommended changes to the police uniform in response to concerns raised by officers regarding their existing attire, and had also previously questioned the introduction process of the earlier blue uniform, citing insufficient consultation with officers and issues surrounding the National Uniforms Committee's role.

In response to the allegations of irregularities concerning the new police uniforms, the National Police Service (NPS) has firmly denied any wrongdoing, asserting that the procurement was conducted in full compliance with legal requirements. Muchiri Nyaga, the NPS spokesperson, issued a statement on a Sunday, clarifying that Bedi Investments Limited was awarded the contract for the manufacturing and stitching of the new uniforms. The Service explicitly refuted any reports attempting to link Nalitex Limited to the procurement, stating unequivocally that Nalitex played no part in the development, selection, procurement, or manufacture of the new uniforms.

According to the NPS, Nalitex was neither granted the contract nor engaged as a subcontractor, and has not received any purchase order or payment from the Service. The police detailed that four local textile manufacturers—Bedi Investments, Rivatex East Africa, Thika Textile Mills, and Sunflag Textiles & Knitwear Mills—were invited to submit samples for consideration. Of these, only Bedi Investments and Rivatex submitted their samples within the stipulated timeframe. Following an evaluation process that included public participation, Bedi's sample was ultimately selected. The NPS emphasized that the subsequent procurement was carried out in strict adherence to the Public Procurement and Asset Disposal Act, 2015, and its associated regulations, highlighting the legal framework governing the tender irregularities.

Beyond the immediate controversy surrounding the police uniform, former Chief Justice Maraga has intensified his calls for the complete implementation of all recommendations put forth by the National Taskforce on Police Reforms. He has issued a stark warning that superficial adjustments to the police service will not suffice to address the more profound institutional challenges it faces. Maraga specifically highlighted critical reform areas, including the establishment of an independent police service, the implementation of transparent processes for the recruitment and promotion of senior officers, and significant changes aimed at bolstering accountability within the National Police Service.

Maraga has also voiced strong criticism regarding the ongoing delays in implementing the task force's extensive list of over 200 recommendations. He stressed that these reforms are absolutely essential for rebuilding and restoring public confidence in the police force. "Unless the independence of the police service is restored, we will not have a country," Maraga declared, underscoring the gravity of the situation. The renewed debate over the police uniform procurement graft thus unfolds against a much broader backdrop of a sustained push for comprehensive police reforms, with Maraga advocating for the government to prioritize the full and holistic implementation of the task force's recommendations rather than selectively adopting individual proposals.

This article signals heightened scrutiny on public procurement processes in Kenya, particularly concerning the Public Procurement and Asset Disposal Act, 2015. Lawyers should advise clients involved in public tenders to meticulously review their compliance frameworks to mitigate risks of corruption allegations and potential legal challenges, and monitor the broader police reform agenda for legislative or policy changes.

Source: Reporting based on recent disclosures from Nairobi.