Kenya Pipeline: throw out tender case
What you need to know:
- The State firm was responding to a petition filed by RuhrPumpen Global Limited.
- A hearing is set for Thursday.
The Kenya Pipeline Company (KPC) wants a case filed by a company that is dissatisfied with an award of a contract to supply booster and main-line pumps dismissed, saying it is an abuse of the court process.
Through their lawyers, the firm also argues that the court lacks jurisdiction to entertain such an application at this time.
The State firm was responding to a petition filed by RuhrPumpen Global Limited that has accused KPC management of inducing Zakheem International Construction Limited, which was awarded the multibillion-shilling tender, to break a deal between two competing firms.
According to RuhrPumpen, the managing director had declined their bid to supply booster and main-line pumps because they were not on the list of approved manufacturers for the company.
WITHOUT BASIS
RuhrPumpen, in an application by Kibunja and Associates Advocates, argued that the decision taken by the MD is without basis, onerous and oppressive to the contract and is in clear subversion of their expectation. The matter first appeared before High Court Judge Francis Gikonyo, who certified it urgent and directed that the case be heard inter parties on March 5.
The petitioner wants the court to issue an interim injunction restraining Zakheem from conducting or facilitating any evaluation or accepting any bid other than that of RuhrPumpen Global from supplying booster and main-line pumps.
A hearing is set for Thursday.
