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Court stops MPs 26-storey office tower
Parliament building. The office space shortage facing Parliament is likely to press on after the High Court extended orders barring a Chinese company from building a 26-storey office block. Photo/FILE
The office space shortage facing Parliament is likely to press on after the High Court extended orders barring a Chinese company from building a 26-storey office block.
Judges Rose Ougo, Weldon Korir and Roseline Korir Tuesday extended orders stopping the Parliamentary Service Commission (PSC) from further works on the office tower on a one-acre piece of land adjacent to Parliament buildings, between Continental House and County Hall in Nairobi.
“The status quo to be maintained and that no further works to be conducted by any contractor with regards to the tender awarded as this is the subject of this dispute, pending the hearing and determination of this case,” Justice Korir said.
PSC lawyers said they feared public money could be lost because seven sub-contractors had been paid to start the jobs under the main contract.
The judges directed the petitioner Milicons Limited to commit within seven days to meet damages to PSC if the challenge on the tender award was not successful.
The judges also dismissed an application by a lobby group —the Kenya Federation of Master builders — to be enjoined in the suit. The case will be heard on December 3.
The Chinese firm, China Jiangxi, that won the tender to construct the Sh6 billion Parliament office block, had earlier questioned the court’s jurisdiction saying another judge had already determined the matter.
Milicons Limited had bid jointly with an Indian firm Svec Construction for the tender.
In June, Justice George Odunga upheld the award to China Jiangxi after the construction of the block had initially been halted by Justice Hatari Waweru in the interest of justice.
Milicons appealed to the High Court after its objection was dismissed by the Public Procurement and Review Board.
Two months ago Petu Developers Ltd, a consulting house representing another Chinese firm, sought to block the construction but dropped the case.
The dispute started in December 13 last year when the PSC tender committee terminated the procurement on grounds that it was unresponsive after the lowest bidder, Petu, was disqualified.
China Jiangxi had bid Sh246 million higher than Petu.
