KPA appeals court decision on Sh3 bn tender for cranes

Kenya Ports Authority managing director Catherine Mturi. FILE PHOTO | NMG
Kenya Ports Authority managing director Catherine Mturi. FILE PHOTO | NMG 

The Kenya Ports Authority (KPA) has appealed against High Court orders directing it to file the necessary documents involving an international tender for three new cranes for scrutiny.

KPA, through Kaplan and Stratton Advocates, filed a notice of appeal stating that it was dissatisfied with Justice Said Juma Chitembwe's orders directing MD Catherine Mturi to file a report on the process of procuring new cranes in 2013.

“Take notice that Kenya Ports Authority, the 2nd respondent herein being dissatisfied with the decision of the honourable Mr Justice Said Chitembwe …intends to appeal the court of appeal against the whole of the said decision,” states the notice of appeal.

Lawyers representing various sued public and private entities have also be served with the appeal notice as they ready themselves for further legal tussle in the dispute.

Judge Chitembwe had directed the ports agency's MD to ensure the report on the Sh3 billion tender indicates when the tendering process was to be completed and when it was finalised.

He said the court was interested in whether tender requirements were met and whether the cranes were delivered and commissioned.

“Were the cranes imported as completely built units and assembled in Kenya or were they built locally?” asked Judge Chitembwe.

Ms Mturi was also directed to table importation documents, including bills of lading and inspection certificates.

“The report to confirm that the cranes were duly supplied, are operational and do comply with the tender specification,” the orders further read.

Specifications of tender

Ms Mturi had also been directed to file the report within six days since KPA had maintained that information on the lucrative tender was available and the contract already executed.

The judge had ordered the Kenya Bureau of Standards (Kebs) to file a report indicating it inspected the three cranes and whether 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 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,” Justice Chitembwe had said.

At least 15 State and private institutions have been sued over the matter including the Public Procurement Oversight Authority, KPA, Kenya Revenue Authority (KRA), Commission on Administrative Justice, Competition Authority of Kenya (CAK) and Kebs.

MS Kocks Krane GMBH of Germany is seeking the cancellation of a tender of provision of cranes because it was not awarded to a competitive bidder.

KPA had 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”.