It is a blow for the Southern Engineering Company Limited after the High Court in Mombasa temporarily suspended the award of Sh 2.6 billion Kenya port authority tender for Shimoni fish pond phase 1.
Justice Olga Sewe temporarily suspended the award of tender No. KPA/050/21/2021 -2022/ID by Kenya Port Authority to Southern Engineering Company Ltd after the decision was challenged by activist Okiya Omtata.
Omtata wants the court to declare that the move by KPA to award the said tender to Southern engineering company is unlawful, unreasonable, oppressive, unfair, discriminatory and therefore unconstitutional and null and void.
The activist told the court that the Mombasa court declared that Southern Company Ltd, being the consultant that participated in the preparation of the tender documents was conflicted and therefore not eligible to participate in the said tender.
He argues that KPA and Southern Engineering company violated the law by taking administrative action laced with favouritism and other improper motives or corrupt practices against the guiding principles of leadership and integrity.
“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% affirmative action under the assets to the government procurement opportunities (AGPO) programme,” Omtata submitted.
He added that the 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.
In addition, Omtata said 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 and conflict of interest.
