A Mombasa court has put on hold Sh2.6 billion Kenya Ports Authority (KPA) tender for the construction of Shimoni Fish Port, which was granted last month.
This comes after petitioner Okiya Omtatah filed a lawsuit challenging the tender’s awarding. He accuses KPA of awarding the contract to a firm that provided advisory services to them during the bidding process.
The tender given to Southern Engineering Company Limited for the projected building of phase 1 of Shimoni Fish Port in Kwale county has been provisionally stopped by Justice Olga Sewe.
On April 27, the subject will be discussed in order to get further information.
Omtatah claims that the problem is urgent since KPA announced that the tender had been granted to Southern Engineering Company and that they were about to sign a contract.
“The impugned award of the tender is unconstitutional, illegal, null and void due to the fact that SECO is conflicted, having participated in the preparation of the tender document,” the court papers read.
Omtatah notes that the tender is unlawful because it does not include affirmative action provisions as required by the Access to Government Procurement Opportunities Act (AGPO).
AGPO is an affirmative action programme that aims to empower women, youth, and people with disabilities by allocating 30 percent of all procurement initiatives to them without regard for established enterprises.
SECO is also said to be conflicted because they were the consultants that did the bathymetric and geotechnical surveys for the project, according to the activist.
“The petitioner reasonably suspects that SECO have been favourably treated contrary to Article 73 of the Constitution to achieve improper motives or to advance corrupt practices,” he says.
Omtatah argues that the collusion, conflict of interest and manipulation over the procurement undermines fair competition and value for money.