The High Court has suspended the award of a Sh2.6 billion tender by the Kenya Ports Authority (KPA) for the proposed Shimoni Fish port in Kwale to Southern Engineering Company Ltd (Seco).
Activist Okiya Omtatah has sued KPA challenging its award of the tender for the proposed construction of Shimoni Fish port in Kwale County phase one to Seco.
The State agency and Seco, through their lawyers, had opposed the issuance of the order arguing that Mr Omtatah was yet to show any prima facie case.
The High Court has suspended the award of a Sh2.6 billion tender by the Kenya Ports Authority (KPA) for the proposed Shimoni Fish port in Kwale to Southern Engineering Company Ltd (Seco).
Justice Olga Sewe, sitting in Mombasa, directed that the status quo be maintained to a conservatory order suspending the award of the tender to Seco pending further orders on April 27.
“Having heard the parties and counsel in this matter, I am satisfied that it would be in the interest of justice to grant a status quo order in terms of prayer 2 of the Notice of Motion (application) pending further orders on April 27,” said Justice Sewe.
According to the suit documents, the second prayer seeks a conservatory order suspending the award by KPA to Seco of the tender, pending inter parties hearing and determination of the application and petition.
Activist Okiya Omtatah has sued KPA challenging its award of the tender for the proposed construction of Shimoni Fish port in Kwale County phase one to Seco.
The State agency and Seco, through their lawyers, had opposed the issuance of the order arguing that Mr Omtatah was yet to show any prima facie case.
In his petition, Mr Omtatah argues that there is a conflict of interest since Seco was the consultant that conducted both bathymetric and geotechnical surveys of the project, effectively participating in the preparation of bid documents and then participated in the tender and won.
The activist says the KPA pre-qualified eight companies to bid for the construction of the Shimoni Fish port before issuing them with documents for the tender.
