Senate demands to see Bomas contract as ministries clash over Sh42bn project

A Senate committee has demanded the contract and other key documents on 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 provide the contract, procurement records and project progress reports after it emerged that the ministry was responsible for contracting and procurement.

The Ministry of Tourism, meanwhile, retains responsibility for the project's ownership, marketing and positioning Kenya as a major international conference destination.

Appearing before the committee, Tourism and Wildlife Cabinet Secretary Rebecca Miano said the Ministry of Defence was holding the contract despite her ministry having ownership rights over the project.

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

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

Senator Kibwana said the committee required comprehensive documentation to enable it to effectively scrutinise the project, including the contract and procurement records, financing agreements, project budgets and financial statements.

She said the committee also required invoices, payment and expenditure records, 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 contract variations.

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

“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. I mean, that becomes funny. If it happens, then maybe then it's something new. I've never seen that. One ministry signs a contract, but the responsibility for tracking progress is with another ministry,” Senator Wambua said.

CS Miano explained that the project was approved by Cabinet in 2023 when Bomas was under the Ministry of Culture and Gender, after which procurement responsibilities were transferred to the Ministry of Defence.

“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 the Ministry of Defence in review of the arrangement of government. Bomas was then taken to the Ministry of Tourism, and since that time, we have been there to track the progress, ensure the project is going on,” she said.

“As such, we have a contract or the contract documents for purposes of us ensuring that it is being implemented in accordance with the contract that has been signed by the Ministry of Defence. I can discuss with the Ministry of Defence so that they give us a copy that we can submit,” she added.

Senator Wambua questioned why the ministry could not immediately provide the committee with a copy of the contract if it was using it to monitor the project's progress.

“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? Because you already said you have the contract that you are using to help you track progress of the project,” he said.

CS Miano, however, maintained that the Ministry of Defence remained responsible for technical supervision and project management, while the Ministry of Tourism had a role in tourism development and marketing.

She said the ministry's responsibility included ensuring the project progressed and coordinating its integration into international tourism calendars.

“It's a national flagship initiative designed to position Kenya as a premier meetings, incentives, and conferences destination, and therefore looking at even the international tourism protocols and calendars, our ministry has to have a role, and even ensure at what time should the bookings be done? At what time should we announce to the world that we have such a facility?” CS Miano said.

“So, 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 the Ministry of Defence to provide the documents required to scrutinise the project.

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

He said the transfer of procurement responsibilities to Defence because of the project's national importance, scale, complexity and need for specialised technical capacity did not remove the Tourism ministry's responsibility to account for the funds.

“It is your money. Somebody is doing your project,” Senator Kinyua said, arguing that the ministry could not effectively oversee expenditure without access to the contract.

Committee Vice Chairperson and Samburu Senator Steve Lelegwe said that if the Tourism Cabinet Secretary could not provide the required documents, the committee should direct its inquiries to the Ministry of Defence.

Marsabit Senator Mohamed Chute called for the committee to invite Defence Cabinet Secretary Soipan Tuya to provide the contract, procurement documents and records showing the progress of the project.

The committee also sought clarification on the role of the Ministry of Defence after completion of construction, given that the Ministry of Tourism is expected to take ownership and oversee the facility's marketing.

The BICC is intended to increase Kenya's capacity to host large international conferences and complement existing facilities such as the Kenyatta International Convention Centre (KICC).

The committee was informed that the BICC has a main capacity of about 11,000 people, in addition to auditoriums, ballrooms and other facilities.

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