- Okiya Omtatah says KPA flouted the procurement course of to award licence to a firm associated with a prominent Mombasa flesh presser.
Kenya Ports Authority (KPA) has been stopped from awarding a licence to Portside Freight Terminals Restricted for the vogue of a 2d grain bulk handling facility at the Port of Mombasa.
High Courtroom converse Reuben Nyakundi suspended the plans pending the decision of a case filed by activist Okiya Omtatah, who argues that KPA has did now not undertake the procurement as required by the Constitution and provisions of the Public Procurement and Asset Disposal Act.
Mr Omtatah additional says the approval for the vogue of the berth became made in contravention of KPA’s grasp thought, which anticipated that it be developed at either Dongo Kundu or Lamu Port.
He has faulted KPA’s board of directors asserting they acted previous their powers by approving wayleave and licence utilizing powers of the accounting officer.
“Procurement choices are a reserve of the respondent’s administration namely the accounting officer and no longer the board of directors and thus respondent’s board of directors’ decision is illegal and extremely vires,” he argues.
Paperwork filed in court listing that KPA wrote to the Treasury Cupboard Secretary on March 11, 2021 searching for permission and approval to consume a specially favorite procurement course of to single source.
And on June 28, the board favorite the consume of the procurement course of and awarded the contract to the Portside Freight Terminals Restricted.
Mr Omtatah argued that KPA and Treasury employed the consume of the course of to steer sure of the competition of bidders and is being employed in favour of the firm associated with a prominent Mombasa flesh presser.
The activist said KPA no longer illustrious proposals by Kilindini Terminals Ltd, Mombasa Grain Terminals Ltd, Kapa oil refinery, Africa Port and Terminals Ltd, Multiship World and Kipevu Inland Container EPZ Ltd or were beneath no conditions regarded as, thus unfairly locking them out of the map.
“That the procurement course of employed by the respondents doesn’t meet the minimum threshold established beneath Article 227 of the Constitution that requires that once a Remark organ or any other public entity contracts for items or products and services, it shall produce so in preserving with a system that is simply appropriate-attempting, equitable, clear, aggressive and cost-fantastic,” he said.
The case will be heard on August 27.