BY SAM ALFAN .
Nairobi city county can now go ahead with plans to generate power at the Dandora dumpsite after the procurement watchdog dismissed a request for review of the multi billion deal.
The Public Procurement Administrative Review Board dismissed an application by Enercon Energy Consultants Limited, after the county the tender was awarded to China National Electric Engineering Co. Ltd.
The Board chaired by Irene Kashindi and members including Isabel Juma, Joshua Kiptoo, Hussein Were and Dr. Susan Mambo declined the request for review saying the application was filed late.
Further, the board ruled that the tender was under the public private partnership hence beyond its jurisdiction.
“In totality of the foregoing, the Board must of necessity down its tools at this stage as it cannot not proceed to address the other issues framed for determination. The effect of this finding is that Enercon’s request for review is for striking out,” said the board.
The Board noted that in sourcing for the private party in the subject tender, the county government obtained approval to use the Specially Permitted Procurement Procedure under section 114A of the Public Procurement and Assets Disposal Act (PPADA).
The Board has also noted that several provisions of the PPADA were invoked in the procurement process.
Board members added that the fact that various provisions of the PPADA were invoked in the process, does not clothe it with jurisdiction.
Enercon contended that the PPP Act does not apply given that the Respondents did not comply with the PPP Act in the process. It’s the Board’s view that consideration of this issue will be outside the Board’s jurisdiction.
The county government advertised the tender in January for design, financing and maintenance of waste to energy plant at the Dandora dumpsite using solid waste.
The company pleaded with the Board to nullify the contract arguing that process did not follow the procedure and that an official of the tender committee was compromised.
“A declaration that Nairobi County Government failed to adhere and have flouted the criteria and procedures under the Tender Document and the provisions of the Act and Regulations 2020 in awarding Tender for design, finance, maintain and transfer a “waste to energy” processing plant at Dandora Dumpsite, Nairobi/Block 86/36 to China National Electric Engineering Co. Ltd,” sought the company.
