IT firm Dimension Data Solutions has been awarded Sh182 million for conference communications and Internet services provided to the Kenyatta International Convention Centre (KICC) in 2015 during the World Trade Organisation’s ministerial conference.
Dimension Data Solutions has asked the High Court to allow it enforce the award that arbitrator Collins Namachanja issued against the KICC in January.
The WTO ministerial conference was hosted at the KICC by the government of Kenya.
Mr Namachanja ruled that Dimension Data Solutions had proven that it won the tender for provision of the services, and that it was entitled to payment from KICC.
“Despite demand having been made, KICC has refused to comply with any of the orders made by the arbitrator. The said notice was served upon KICC on February 10, 2017.”
“To date no order has been made by this honourable court setting aside or staying enforcement of the final award. For the ends of justice in this case to be met, the orders sought in this application ought to be granted otherwise the whole object of the arbitration and the final award rendered therein will be rendered nurgatory,” Dimension Data Solutions says.
KICC is yet to respond to the application before court.
KICC had in the arbitration proceedings denied ever having any transactions with Dimension Data Solutions, arguing that any services the IT firm offered was in contravention of the Public Procurement and Disposal Act which calls for tendering of any goods or services to government.
But Dimension Data Solutions provided Mr Namachanje with documents indicating that it had successfully bid for two tenders—one for provision of conference communications amenities and another for provision of internet services—floated in 2015.
Mr Namachanje had ordered KICC to settle the Sh182 million alongside Dimension Data Solutions’ legal bill of Sh1.2 million and part of his Sh925,000 fees.
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