Road tender battle case to be heard Monday

High Court declines to stop proceedings before Public-Private Partnerships Committee

Justice John Mativo on October 11, 2017
HIGH COURT: Justice John Mativo on October 11, 2017

A judge has declined to stop proceedings challenging the awarding of the tender for construction of multi-billion Nairobi-Nakuru-Mau Summit road.

A consortium of companies which lost the bid moved to High Court seeking to be supplied with full details on why its rival was preferred.

The firms also wanted the court to stop proceedings before Public-Private Partnership Committee.

Justice John Mativo on Wednesday declined to issue orders requested.

According to suit papers, the consortium of Mota-Engil Engenharia (Portugal), Orascom Construction (Egypt), Egis Projects SA (France) and African Infrastructure Investment Fund 3 Partnership initially asked Kenya National Highways Authority to explain the reason behind the awarding of tender to their rival. The tender was awarded to Vinci Highways SAS, Meridian Infrastructure Africa Fund and Vinci Concessions SAS.

Kenha failed to give the reasons forcing the consortium to file a case before the PPP Committee. The committee directed the consortium to argue the issue as part of the substantive case during the hearing.

The consortium said the directive was akin to asking them “to swim blindfolded”.

The successful bidder opposed the application saying the court does not have the jurisdiction to hear the case. The request for information is made under a certain framework, which provides for remedies in case it is denied, it said.

The case will be heard on Monday.