Pursuant to Sanctions Board Decision No. 137 issued in Sanctions Case No. 610, the Sanctions Board imposes sanctions of debarment with conditional release after a minimum period of three (3) years for Lukenya Greens Limited (the ¡°Respondent Firm¡±), and one (1) year and six (6) months for Mr. Martin Kuria Kibaara (the ¡°Respondent Individual¡±; together, the ¡°Respondents¡±).
These sanctions are imposed on the Respondent Firm for fraudulent practices and on the Respondent Individual for a fraudulent practice as defined in Paragraph 1.16(a)(ii) of the World Bank¡¯s Guidelines: Procurement of Goods, Works, and Non-Consulting Services under IBRD Loans and IDA Credits and Grants by World Bank Borrowers (January 2011, revised July 2014) and the World Bank¡¯s Guidelines: Procurement of Goods, Works, and Non-Consulting Services under IBRD Loans and IDA Credits and Grants by World Bank Borrowers (January 2011).
Capsule Summary of Findings:
The Respondents were found liable for engaging in a fraudulent practice by knowingly, or at least recklessly, failing to disclose payments made or to be made to a consultant in connection with a bidding process under a Bank-financed project. The Respondent Firm was also found liable for engaging in fraudulent practices by knowingly submitting false audited financial statements and by knowingly, or at least recklessly, submitting false past experience documents. The Sanctions Board found that the Respondents engaged in these acts with the intent to obtain a benefit. In selecting the appropriate sanctions for the Respondents, the Sanctions Board took into account all relevant sanctioning factors. Full discussion of the facts, allegations, and the Sanctions Board¡¯s analysis can be found in the published decision.