A parliamentary probe has been launched into a contentious contract governing the e-Citizen platform, raising alarm over clauses that allow private developers to disable the system without consequences if the agreement is terminated.
The revelations come amid growing concern from Members of Parliament over the government’s decision to entrust the handling of critical revenue collection streams to non-civil servants.
Documents obtained by The Star reveal that the contract—signed on May 25, 2023—grants M/S Webmasters Kenya Limited, Pesa Flow Limited, and Olive Tree Media Limited sweeping powers, including the right to “rescind, withdraw, or otherwise uninstall” all technical infrastructure related to the platform, regardless of how the contract ends.
“In the event of termination, howsoever occurring, the Suppliers shall be entitled to rescind, withdraw, or otherwise uninstall all their proprietary infrastructure and resources,” the contract states.
The agreement further indemnifies the suppliers from liability in the event of data loss or system unavailability, exposing a critical weakness in the management of national digital services.
“The Purchaser shall… fully indemnify the Suppliers against any claims against loss of data, system downtime, or unavailability.”
Members of the Administration and Internal Security Committee are now questioning how such a contract, which potentially puts essential public services at risk, was signed with minimal oversight.
A source close to the probe criticized the lack of top-level signatories on the deal:
“Without the Attorney General and the respective Principal Secretaries signing this agreement, this one has been signed by a very small number of people. It’s like a platform built to serve the interests of the webmasters.”
The committee also discovered that the responsibility for support and maintenance lies solely with the ICT Authority (ICTA), including ensuring a smooth transition between vendors—another potential weak point in the contract structure.
Although a parliamentary grilling session had been scheduled to deliberate the matter, it was postponed due to the late submission of crucial documents.
“We’ve been asking for this contract for two months,” said Narok West MP and Committee Chair Gabriel Tongoyo. “Members need time to go through it thoroughly.”
Homabay Town MP Peter Kaluma added that relevant agencies, such as the Treasury, had not been invited to present their submissions, further justifying the adjournment.