Provincial Administrator for Western Province, Robert Alphonse Kaiyun of Karemgo village, North Fly District, Western Province was arrested and charged with one count of Abuse of Office under Section 92 (1) of the Criminal Code Act by detectives from the National Fraud Anti-Corruption Directorate on Sunday 28 November 2021 in Port Moresby.
This is the second Provincial Administrator to be arrested in less than two weeks in November by NFACD. The first arrest was Wilson Matava, Provincial Administrator for East New Britain Province on the 19 November 2021.
Mr. Kaiyun was appointed Provincial Administrator for Western Province for a period of 4 years commencing on 2 August 2018. His appointment was gazette in the National Gazette on 24 August 2018.
It is alleged on the 13 of December 2018, Robert Alphonse Kaiyun on behalf of the Fly River Provincial Government signed a three years Office Lease Agreement with New Century City Limited and Fly River Provincial Government.
The office space in question is located at Section 2 Lot 59, Kiunga Town, Western Province. The value of the lease agreement is valued at K330, 000. 00 per month which equated to K3, 960,000.00 million per year.
The contract agreement valued at K11, 880,000 million for three years commencing on 1st January 2019 and ending on 31 December 2021 was signed by Robert Alphonse Kaiyun on behalf of the Fly River Provincial Government which is beyond his powers as Provincial Administrator.
As Provincial Administrator he can only sign for procurement contract valued at K500, 000.00 and as the chairman of PSTB, K5million.
According to the National Procurement Act, 2018 and the Public Finance (Management) (Amendment) Act the Provincial Procurement Board, the threshold is K5, 000,000.00 million.
Accordingly, the Office Lease Contract signed between the New Century City Limited and Fly River Provincial Government is contrary to the National Procurement Act and is void from the moment of execution.
Police investigation revealed that there was no PEC approval, no Western WPSTB meeting convened and no approval given for the PA (Robert Alphonse Kaiyun) to execute such Commercial Lease Agreement prepared by a private lawyer representing New Century City Limited.
When asked during the interview, Kaiyun said there was no formal approval but there was need for office space as he informed the WPSTB members and the governor and the JPBPC members (the Political leaders of the province ) were aware.
The defendant was taken to the National Fraud & Anti-Corruption Directorate office, at Konedobu, National Capital District where he was cautioned, given his constitutional rights and interviewed regarding the allegations against him.
After the interview, he was arrested and charged with one count of Abuse of Office and taken to Boroko Police Station, where he was placed in the cells.
He will appear in court at Waigani Committal court next week for mention.