Kenya Airports Parking Services (KAPS) has moved to court seeking to salvage a lucrative contract to run its car park system at the Jomo Kenyatta International Airport.
The firm is aggrieved after the Public Procurement and Administrative Review Board (PPARB) cancelled the contract awarded to it by the Kenya Airports Authority (KAA) and disqualified it from participating in the tender.
The firm terms the action of the review board, which effectively locks it out the bid to run Kenya's largest airport parking service, as illegal and outside the jurisdiction of PPARB.
“Prohibition restraining the 1st interested party (KAA) by itself, its agents or persons acting on its behalf from implementing the respondent’s decision dated January 31, 2019,” reads parts of the order sought by KAPS.
KAA renewed KAPS contract last year in September after a firm known as Endeavour Africa (K) Ltd which had been found most responsive was allegedly disqualified for presenting fake papers.
KAPS, which was the second most responsive firm, was awarded the tender but two other bidders — Mason Services Limited and Qntra Technologies Limited — contested the decision at review board on grounds that KAPS is a foreign company.
The PPARB on October 25, 2018 directed KAA to carry-out fresh due diligence and award the tender in 14 days, which again was awarded to KAPS.
The firm claims that after due diligence KAA established that KAPS Holdings (Mauritius) Limited is fully owned by Kenya citizens.
But Mason Services Limited and Qntra Technologies Limited contested the decision again at PPARB arguing that the record at Registrar of Companies indicated it was a foreign firm.
The board disqualified KAPS on the ground that it supplied a questionnaire which had discrepancies regrading the directorship of the firm.