REREC WANTS ORDERS ON POLES SET ASIDE.

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Rural Electrification and Renewable Energy Corporation (REREC) chairman Dr Simon Gicharu.

BY SAM ALFAN.

Rural Electrification and Renewable Energy Corporation (REREC) wants the High Court to lift orders obtained by a contactor over the release of electricity transmission poles, arguing that it has affected the last mile connectivity programme.

In an application filed under certificate of urgency through lawyer Dennis Mosota,  the agency said the order obtained by Inter Tropical Timber Trading ltd has effectively suspended its mandate, thereby affecting the implementation of the Rural Electrification Programme and the realization of the Last Mile Connectivity under Vision 2030.

“The order has stalled and continues to affect all the activities of the 1st Respondent by suspending the implementation of all pending rural electrification programmes thereby causing hardship and irreparable loss to the tax payers and will continue to do so unless the orders are set aside,” Mosota told the court.

Last month High Court had stopped the agency from releasing over 51,000 electricity poles alleged to be substandard. The orders were lifted last month after the parties filed a consent, only from the contactor together with Geoffrey Kariuki to go back to court arguing that REREC of backtracking on the agreement.

But REREC said remedy it had returned the rejected wooden poles for retreatment or resupply. The 51,238 poles are being held at the corporation stores in Makuyu, Mariakani and Awasi in Kisumu.

After hearing the application, Justice James Makau restored the orders. REREC argued that if the order is not set aside, all wooden poles, which have been legally procured will deteriorate and lead to wastage of resources contrary.

Lawyer Mosota also argued that the move would also affect contractual relationship between the Corporation and the suppliers, therefore curtailing remedies available to them under the Law of Contract and the Sale of Goods Act, including return of non-conforming goods.

The two suppliers said REREC is holding 51,238 substandard treated wooden transmission poles. The poles are being held at its Makuyu, Mariakani and Kisumu-Awasi stores. The poles were procured at a cost of Sh800 million according to Ng’ang’a.

The board had ordered the poles to be returned to the 17 suppliers but Ng’ang’a rushed to court and obtained temporary orders blocking the plans.

Ng’ang’a said the poles were procured on or about July 1, 2018 and March 20, 2019 but they allegedly did not meet the minimum retention of 30KG/M3 raising doubts on its quality of treatment.

He complained that the moisture content of the poles shall not exceed 25 percent at the treatment or at the time of measurement of any growth seasoning defects and as such any poles treated while wet, cannot meet the basic standards.

In the supporting affidavit by REREC legal sales manager Sharon Tugee she said they have heavily invested into the projects including the hiring of 3,000 engineers to implement the project, and the subsistence of the Order will lead to substantial economic loss and the Petitioners have failed to disclose to the court that they were previously Prequalified suppliers of poles to Kenya Power & Company Limited & REREC but were subsequently disqualified for failing to adhere to contractual terms and have therefore brought this “Constitutional Petition” in order to frustrate the REREC’s projects.

“By the letters dated April 29, 2019, Rural Electrification and Renewable (REREC) wrote letters to the non-conforming manufacturers demanding that they collect the lower quality poles for rectification of the shortfall by retreatment to meet the required standard and to deliver an equivalent quantity of poles with the required quality standards”, added Tugee.

She further stated that Inter Tropical Timber Trading limited and Geofrey Nganga Kariukiki deliberately misrepresented to this court that the purpose of returning poles was to defraud the public of tax revenue, while in reality the purpose was to ensure that the tax payers are protected by delivery of quality materials.

Tugee further added that the sustenance of the order is causing and will continue to cause injustice to the REREC and all beneficiaries of the rural electrification programme, as its effect is to halt all rural electrification programmes.

“Petitioners obtained the conservatory order by concealing facts, which if were put to this Court in the first instance, would have affected this court’s orders in granting the orders”, said Tugee.

Among companies mentioned in the case are Silver Wood Treatment Plant, Trucks City, Samfort, Tropical Sawmills Ltd, Abao International ltd, Lakewood Treatment ltd, Timber Treatment International, Global wood international ltd, Saga E.A ltd, Wood world international ltd, Electrogas Engineering & construction ltd, Meru wood Industries, Janwill Enterprises Ltd, Marula Power Poles Plant ltd (source:cresta investments ltd), Line Enterprises ltd, Tri-Top.

The case will be mentioned before Justice Joseph Makau on July 3 for further directions.

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