- According to KPA, all orders sought by the petitioner who is also a commuter bus service provider, are unmerited and in abuse of court process.
- Royal Hisham (the plaintiff) seeks to bypass a lawful and competitive tendering process through the court case.
- The challenged tender number – No KPA/051/2021-21 ADM.
The Kenya ports authority (KPA) has challenged the Mombasa High court to throw out the case filed against it by Royal Hisham limited challenging its tender advertisement.
The petitioner had moved to the court challenging the tender advertisement by KPA for provision of commuter bus services at its Mombasa, Kisumu, and Nairobi terminuses arguing that the tender contravenes conditions related to renewal and extension of the original agreement dated December 16, 2009.
According to KPA, all orders sought by the petitioner who is also a commuter bus service provider, are unmerited and in abuse of court process.
The accused further argued that Royal Hisham seeks to bypass a lawful and competitive tendering process through the court case.
“The advertised tender No KPA/051/2021-21 ADM for provision of commuter bus services for Mombasa port shall only commence once the current tender held by the petitioner has expired come January 12, 2021” argued the accused.
“The court lacks jurisdiction to hear and determine the case since it has been filed in contravention of provisions of section 167 of the Public Procurement and Assets Disposal Act,” continued the respondent.
Yesterday during a court proceeding, KPA through its lawyers told the court that it had renewed the contract of the complainant which expired in April this year and the new agreement will be expiring in one month’s time.
According to KPA, the complainant just like any other bidder is free to compete for the open tender in accordance with the provisions of the public procurement law.
KPA further told the court that it is not aware of the alleged financial facilities secured by Royal Hisham and that there has never been a contractual requirement which puts an obligation on the plaintiff to secure a financial facility on account of and for the performance of a contract with it.
During a previous court session held in October 2020, the Mombasa High court issued temporary orders barring KPA from receiving or dealing with any tender it had advertised pending the hearing and determination of the case.