- KPA says that Royal Hisham Ltd which has sued it at the High Court in Mombasa and currently provides the commuter bus services, seeks to bypass a lawful and competitive tendering process through the court case.
The Kenya Ports Authority wants a suit challenging a tender it advertised for the provision of commuter bus services at its premises in Mombasa, Nairobi and Kisumu dismissed.
KPA says that Royal Hisham Ltd which has sued it at the High Court in Mombasa and currently provides the commuter bus services, seeks to bypass a lawful and competitive tendering process through the court case.
In its statement of defence, KPA says that the suit is an abuse of the court processes and all orders sought are unmerited.
The KPA further says that Royal Hisham Ltd’s contract for provision of the commuter bus services will lapse on January 12 next year.
“In pursuit of proper procurement planning, the defendant (KPA) has openly advertised the tender No. KPA/051/2021-21 ADM for provision of commuter bus services for Mombasa Port, which shall commence only after the lapse of the current contract with the plaintiff,” argues KPA.
KPA says Royal Hisham Ltd, like all the other interested bidders, is at liberty to participate and compete for the open tender in accordance with the provisions of public procurement law.
The authority further argues that the court lacks jurisdiction to hear and determine the case since it has been filed in contravention of provisions of section 167 of the Public Procurement and Assets Disposal Act (PPAD).
KPA says it is not aware of the alleged financial facilities secured by Royal Hisham and that there has never been a contractual requirement which puts an obligation on the plaintiff to secure a financial facility on account of and for the performance of a contract with it.
“Such facilities, if at all, are private engagement of the plaintiff and the defendant has no role to play nor does it have any control over the plaintiff’s private arrangement,” argues KPA.
KPA says that the contract lapsing on April 2020 was extended for six months and subsequently an additional three months with a new termination date of January 12 next year.