Omtatah loses suit against second generation number plates tender

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Senator Okiya Omtatah at a past court hearing.

Photo credit: File | Nation Media Group

The High Court has dismissed a petition challenging a tender for the supply of second-generation number plates, which were launched in August 2022.

Justice Lawrence Mugambi dismissed the petition by Busia Senator Okiya Omtatah, saying the fact that direct procurement was used as the method for the tender, does not make the process unlawful.

The judge said direct procurement was a lawful method as long as the prescribed legal conditions were met and the process done in good faith.

“The burden of proving lack of good faith is on the person that alleges. Bare allegations that the process was undertaken purely to avoid competition without any iota of proof do not suffice to make a finding of bad faith. In the instant case, the Petitioner merely makes an allegation without substantiation,” ruled the judge.

Mr Omtatah challenged the tender claiming it had been awarded to Chalbi Industries Limited clandestinely.

The government introduced the second-generation securitised number plates on August 30, 2022. The plates were later officially launched on October 1,2024 by then Interior Cabinet Secretary Fred Matiang’i.

During the launch, Dr Matiang’i indicated that the plates complied with the Vienna Traffic Convention on global standards for number plates.

Mr Omtatah, however, argued that it was wasteful, against the legislative requirements and the government should have used serviceable equipment and materials that had been procured and which were lying idle at Kamiti Main Prison Industry.

He said the government had in 2013, commenced the process of upgrading the number plate production equipment with the goal of introducing new generation number plates.

A tender was awarded to Tropical Technology Limited in April 2014 for the supply, delivery, installation, testing and commissioning of modern number plate production machines.

The lawmaker submitted that blank number plates worth millions of shillings were delivered to Kamiti Prison in readiness for the launching of the new generation number plates.

Mr Omtatah argued the government discarded the earlier plans and went for direct procurement. NTSA defended the method used arguing that the old generation number plates were inadequate and susceptible to being duplicated by fraudsters.

Further, the old plates were not compliant with international standards as required under the Vienna Convention.

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