Justice Said Chitembwe directed KPA managing director Catherine Mturi to file a report about the process of the procurement of the three cranes on December 17, 2013.
The orders follow a petition in which a German firm MS Kocks Krane GMBH has sought the cancellation of the contract and award of the same to a competitive bidder.
Thursday, Justice Chitembwe said the court was interested in whether the tender requirements were met and not whether the cranes were delivered and commissioned.
The High Court has ordered the Kenya Ports Authority (KPA) to file documents relating to a Sh3 billion ($29.6 million) international tender for purchase of three new cranes which it floated in 2013.
Justice Said Chitembwe directed KPA managing director Catherine Mturi to file a report about the process of the procurement of the three cranes on December 17, 2013.
The orders follow a petition in which a German firm MS Kocks Krane GMBH has sought the cancellation of the contract and award of the same to a competitive bidder.
KPA has however asked the court to throw out the case on the grounds that “it has been overtaken by events since the cranes have since been delivered by Liebherr Container Cranes limited of Ireland”.
Thursday, Justice Chitembwe said the court was interested in whether the tender requirements were met and not whether the cranes were delivered and commissioned.
He directed the KPA boss to ensure the tender documents filed with the court indicated when the contract was to start and complete.
“Were the cranes imported as completely built units and assembled in Kenya or were they built locally?” added Judge Chitembwe.
Ms Mturi has also been ordered to table importation documents including bills of lading and inspection certificates in case the cranes were imported.
“The report to confirm that the cranes were duly supplied, are operational and do comply with the tender specification,” the orders further read.
Justice Chitembwe also ordered the Kenya Bureau of Standard (KBS) to file a report indicating it inspected the three cranes and whether the tender specifications were met.
A consultant, World Crane Service Company was also directed to file within 60 days a report on evaluation of the tender as per its terms of engagement with the KPA.
“The report should cover all the technical specifications and terms of the tender and confirm whether the cranes that have been supplied meet the tender specifications,” ordered Justice Chitembwe.
At least 15 state and private institutions have been sued including public procurement oversight authority, KPA, Kenya Revenue Authority(KRA) and Commission on Administrative Justice.
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