• The tender wars between the Interior ministry and CMC Motors go back to April last year
Image: FILE
The Interior ministry has been ordered to re-advertise the Sh12.5 billion tender for leasing of police vehicles.
In his ruling last Friday, Judge John Mativo ruled that the tender be re-advertised in line with Articles 201, 232 and 227 of the Constitution.
The ministry had sought to lease 1,290 vehicles.
CMC, through its lawyers Migos Ogamba and Co Advocates, had moved to court challenging the decision by the ministry to directly award the tender.
The tender wars between the Interior ministry and CMC Motors go back to April last year when the initial tender to lease 1,290 police vehicles was floated.
In May, CMC Motors was announced the winner of the tender but before the company could start supplying the vehicles, the tender was terminated on June 25.
The tendering committee argued that the company was leased to the government at exorbitant prices.
The other argument for the cancellation of the tender was that the committee had not factored in Jubilee’s Big Four agenda which calls for consideration of local motor vehicle assembly, an argument CMC Motors disputed.
On July 5, CMC Motors moved to the Public Procurement Administrative Review Board which ruled in its favour, saying it met all the tender requirements.
The ministry appealed the decision of PPARB and on September 18. The same board ruled in favour of the government, quashing its earlier ruling.
At this point, CMC Motors said it “read pressure and interference from external forces”.
On September 23, the ministry opted to re-tender, forcing the company to move to the High Court.
However, as the High Court process was going on, the ministry re-advertised the tender and selected a winner on October 1.
In his ruling, Justice John Mativo said PPARB’s decision was in order, but faulted the decision to re-advertise the tender before 14 days had lapsed after the PPARB decision in accordance with the law.