BY SAM ALFAN.
The High Court in Mombasa has temporarily speeded a Sh2.6 billion tender at Shimoni fish pond in Kwale County.
Justice Olga Sewe temporarily suspended the award by Kenya Ports Authority, which was awarded to Southern Engineering Company Ltd, for the proposed construction of Shimoni Fish Pond in Kwale County.
Activist Okiya Omtatah challenged the tender saying the award of the said tender to Southern Engineering Company is unlawful, unreasonable, oppressive and unfair.
“A declaration that tender no. KPA/050/2021 -2022/ID for the proposed construction of Shimoni fish pond at Shimoni in Kwale County phase 1 was null and void because it did not have provision for 30 percent affirmative action under the Access to the Government Procurement Opportunities (AGPO) programme,” says Omtatah.
Omtatah further states that being the consultant that participated in the preparation of the tender documents, the winning bidder was conflicted and therefore not eligible to participate in the tender.
“The conclusion, conflict of interest and manipulation over the impugned procurement undermined fair competition and value for money contrary to article 227 clause 1 of the constitution and the decision to award the tender to SECO violated section 66 of the public procurement and asset disposal Act 2015 prohibits corrupt, coercive, obstructive, collusive or fraudulent practice, conflict of interest,” says Omtatah.
He argues that KPA and Southern Engineering Company violated the law by taking administrative action laced with favourism and other improper motives or corrupt practices against the guiding principles of leadership and integrity.
