BY SAM ALFAN.
Western Kenya Sugar Company has sought to join a case seeking to block Uganda-based Sarrai Group from leasing Mumias Sugar Company questioning how it was left out yet it was the highest bidder.
Through Senior Counsel Paul Muite, West Kenya told the High Court that it placed a bid price of Sh36 billion compared to Sarrai Group’s bid of Sh5.8 billion, making a difference of Sh30.2 billion.
While seeking to join the case, West Kenya told Justice Wilfrida Okwany that they will be seeking an explanation on how the receiver manager company reached the decision.
The company further argues that the entire process leading to tendering of the bids, opening and evaluation, was a sham as the receiver manager Ponangipal Venkata Ramana Rao conducted himself without transparency and accountability.
Court documents state that Rao had to be compelled through court orders to disclose the bids.
According to the company, it is apparent that what Rao purported to be the highest bid at the bid disclosure meeting of October 6, 2021 was in fact not the case.
And although, by his own admission in a Replying Affidavit, the mistake was ‘clarified’ the same was never disclosed to West Kenya.
“It is in the interest of justice that the application is allowed and West Kenya is joined to these proceedings as the 6th Plaintiff especially since the 1st Defendant’s Replying Affidavit falsely, incorrectly or erroneously alludes to West Kenya’s market share and purported market dominance as the basis for refusal to award it the lease despite West Kenya submitting the highest bid,” said the company.
West Kenya also said Rao does not have the legal mandate or the professional expertise to make any findings on competition issues in Kenya or make any assessments on market share in any sector in Kenya.
The company added that the figures and analysis produced by Rao are imaginary and based on conjecture and hypothesis.
Justice Wilfrida Okwany has allowed parties interested to join the suit to file and serve their applications within three days.
