DISCRIMINATION

Firm wants tenders for affordable housing cancelled

Says qualified bidders locked out owing to requirement of particular technology

In Summary

• EPS is a technology for building that is cheaper than use of traditional brick and mortar.

• Firm says EPS is one of the existing rapid building technologies that are currently being integrated into the Kenyan market.

President Uhuru Kenyatta rolled out the Big Four agenda that includes affordable housing.
President Uhuru Kenyatta rolled out the Big Four agenda that includes affordable housing.
Image: FILE

A company has filed a case in court seeking to cancel all tenders advertised by the National Housing Corporation.

Proken Limited said the NHC has unfairly and discriminatorily advertised for the construction of affordable housing units with the mandatory requirement that proof of experience with expanded polystyrene panel technology be among the terms of the tenders.

It is is cheaper than traditional brick and mortar technologies, and results in faster competition of housing and construction projects. 

Proken, through lawyer Eric Kaburu, said the measure and requirement is discriminative which results in selective participation and unfair competition for other well qualified Kenyans.

It said EPS is one of the existing rapid building technologies that are currently being integrated into the Kenyan market.

According to the court documents, Proken said the impugned tender advertisements have resulted in discrimination, monopoly and unfair competition.  Local qualified professionals have been locked out. The firm said it has also created loopholes for loss of value for money to the Kenyan people who finance the operations of the NHC.

Last year, President Uhuru Kenyatta rolled out the Big Four agenda to consolidate his legacy ahead of 2022 when he exits office. Affordable housing unit is one of them.

Proken argues that the mandatory requirement on experience with EPS technology and no other alternative technology bars other citizens, who are equally qualified and with better or equal alternative housing technologies, from participating in government jobs and tenders.

Edited by Pamela Wanambisi

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