... The failed section of works under rehabilitation in Mombasa which were less than 2% of the works carried out were as a result of overheated bitumen which made the bituminous mixes become brittle hence disintegrated under loading and ingression of water.
The ministry engineers had already instructed the contractors on 4th May 2007 to remove these defective works even before their failure was apparent to the public ...
... The ministry has always endevoured to ensure that good quality work, meeting the required standards and specifications, is carried out without any compromise
... Incidentally, immediately after the illegal arrest and prior to the matter being raised in Parliament, I had personally written to the permanent secretary, secretary to the cabinet and head of public service expressing my concern about the unprocedural behaviour of the government spokesman. I have not received a response on the matter to date. What conclusion would anyone arrive at when a senior officer from that office carries out illegal action and the chief administrator of that office refuses to respond to my concerns?
... It is perplexing to note that some journalists are stating that the illegal arrest of contractors and engineers is a small matter hence implying that I should not have complained the way I did. The arrest was illegal and was ordered by unauthorized person. The person who ordered the arrest is a journalist and is therefore not surprising to see him being protected by some of his professional colleagues... rather than insults being directed to me from people like Gitau Warigi, who clearly had not done any homework on the matter.
... in conclusion, I would like to assure the members of public that the ministry will strenuously ensure that all works undertaken meet the highest standards of workmanship..."
signed
Simeon Nyachae
Minister of Roads and Public Works
Daily Nation 28.05.2007
The culprits had to come up with a "clarification"
"...Dhanjal Brothers Limited notifies...the portion of the works carried out so far for the rehabilitation of the World Cross Country Championship in Mombasa in March 2007 are still intact and have not suffered any premature damage or deterioration... Any unwarranted arrest and detentiaon was illegal and improper."
Daily Nation 30.05.2007
In the Sunday Nation of 27.05.2007 this is how Gitau Warigi 'insulted' Nyachae;
"Dr. Alfred Mutua lands in Mombasa, then poses theatrically along a potholed road, orders the arrest of several contractors and government engineers, then all hell break lose.
It's not right ... ordering the police to arrest whomever he doesn't like. I am not even sure the sanctimonous Mr Simeon Nyachae ... has the authority to do that...
Mr Nyachae's reaction has been particularly disappointing and has only confirmed the highly intemperate nature of the man...
Does he honestly realize how funny he sounds when he threatens to resign from the cabinet because of somebody like Dr Mutua? Why doesn't he go ahead and do so anyway? Frankly, this was the kind of simple misunderstanding that could have been resolved without Mr. Nyachae having to throw a tantrum. It is beneath him, especially when the object is Dr Mutua.
Mr Nyachae's subsequent attempt to link the Magarini by-election is too bizarre and far-fetched to be taken seriously. "
Dr Alfred Mutua, the Government Spokesman had issued a statement regarding the shoddy road works on 18.05.2007
" It is disheartening to see that Government efforts to beautify Mombasa and to improve its infrastructure have been let down by shoddy construction of the roads in the city.
The Government is spending over 400 million shillings to rehabilitate the roads in Mombasa. Therefore, it is totally unacceptable that barely two months after construction of some roads, potholes have reappeared."