Contractor’s Home on Auction After Ksh 2.38M Project Payment Withheld by Machakos County
A contractor who undertook construction work for the County Assembly of Machakos is now facing the forced sale of his matrimonial home after the Assembly allegedly failed to pay him for a fully executed public tender.
The contractor, who completed a Ksh 2.38 million project involving gate installation, fencing, water harvesting systems, and electrical works at the Athi River Ward office, says he has been taken in circles by county officials who first demanded bribes, then mishandled payments, and have now gone silent while he battles to save his only property from auction.
According to documents seen by this publication, the contractor was approached in October 2023 by a Member of County Assembly and a procurement officer from the Assembly.
Despite his reservations about compliance requirements, he was encouraged to submit a bid through the official IFMIS system, which he did in November 2023. He was awarded the tender in April 2024 and signed the necessary contract.
Before work could begin, he claims he was pressured to part with over Ksh 160,000 in bribes demanded by various officials.
He paid the amounts to three different individuals, including an MCA and a quantity surveyor, in what he describes as extortion disguised as facilitation for project commencement.
He proceeded with the project under financial strain and executed the works between June and December 2024, after which he officially requested payment.
In March 2025, the County attempted to pay him Ksh 1.94 million as a partial settlement but the payment was recalled just five days later.
The reason given was an internal error in the finance department related to account details. The contractor provided clarifications, but instead of the matter being resolved, he was coerced to write a letter accepting blame for the county’s error, under threat that payment would be blocked unless he complied.
After reluctantly doing so, he was again asked to pay an additional Ksh 100,000 to ‘facilitate’ correction of the payment. This time, he refused.
Since then, the officials have gone silent.
The full contract amount remains unpaid.
With no income to service his bank loan, borrowed specifically to implement the project, the contractor has defaulted.
His home, which was used as collateral, is now under imminent threat of being sold.
In court, the contractor tried to stop the sale by challenging the bank’s figures and alleging inflated interest and improper accounting but the court ruled that while the borrower raised these concerns, he failed to provide credible or detailed evidence.
The court held that the bank had followed all legal procedures under the Land Act, including proper issuance of statutory notices. As such, the lender’s power of sale was upheld.
In a formal demand letter to the County Assembly, the contractor’s advocates have called for immediate payment of the full contractual amount with interest, an apology, and disciplinary action against the officials named in the extortion scheme.
He has stated that if payment is not made within seven days, they will file a formal petition for the removal of the involved officers and lodge criminal complaints with the Directorate of Criminal Investigations and the Ethics and Anti-Corruption Commission (EACC).
The matter raises serious questions about misuse of public procurement channels and the vulnerability of small-scale contractors who rely on the integrity of government entities to survive.
With his property on the verge of being auctioned and no response from the County Assembly, the contractor says he has run out of legal and financial options and is now appealing to oversight authorities and the public for intervention.
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