Kenya Power’s Ksh.22 Billion Electric Meters Tender Process Halted by Court Order
Kenya Power is prohibited from proceeding with a Ksh.22 billion tender. For the supply of meters pending the outcome of a petition challenging the process that led to the awarding of the tender.
“The leave so granted does operate as a stay of implementation of any decision arising from the notification of intention to award dated 2nd May 2023, including but not limited to actual tender award, signing of the procurement contract, execution and/or performance of procurement contract,” the judge said.
Justice John Chigiti also deemed the matter urgent. And ordered Kenya Power to refrain from signing contracts with the successful bidders.
Benedict Kabugi Ndung’u challenged the tender in court.
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Kabugi argues that six addenda changed the substance of the original tender document. By broadening the eligibility requirements to include local meter assemblers as opposed to manufacturers, as advertised.
In February, a solicitation was issued for the exclusive supply of meters by local manufacturers. Four local businesses received notifications. Including Inhemeter Africa Company Ltd, Smart Meter Technology Ltd, Yocan Group Ltd, and Magnum Ventures Ltd.
However, according to Mr. Kabugi. The entire process leading up to the award was riddled with procedural and substantive irregularities. Including violations of multiple sections of the Public Procurement and Asset Disposal Act.
According to him, mandatory terms on tender conditions and eligibility were irregularly and significantly altered. To circumvent the need for competitive bidding.
The judge ordered that the case be heard for directions on June 28.
Kenya Power’s Ksh.22 Billion Electric Meters Tender Process Halted by Court Order
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