Chief Justice Willy Mutunga names bench to hear laptop case
Olive Communications Chairman Arun Khanna when he spoke to Daily Nation in Nairobi on March 17, 2014. Olive does not manufacture devices on its own and subcontracts Chinese companies to make Olive-branded devices, contrary to the tender rules that required all bidders be original equipment manufacturers. PHOTO | BILLY MUTAI | FILE
What you need to know:
- Public Procurement Administrative Review Board chairperson Josephine Mongare cancelled the tender in March
Chief Justice Willy Mutunga has named a three-judge bench to hear an application by Olive Communications Ltd (OTL) seeking judicial review of the decision to cancel the laptop tender and its subsequent exclusion from a new bidding process.
Justice Kanyi Kimodo, who heads the Commercial & Admiralty Division of the High Court, will preside while sitting with Judges Mumbi Ngugi and George Odunga as the matter has been certified as urgent by Justice Weldon Korir. (READ: Indian firm in court over cancelled laptops deal)
CANCELLED
Public Procurement Administrative Review Board chairperson Josephine Mongare cancelled the tender in March on the grounds that Olive Telecommunications was financially incapacitated to implement the project and its quotation was way above the threshold by Sh1.4 billion. (READ: Laptop project dealt blow by tender board)
Ms Mongare said that the company should have quoted Sh23.3 billion instead of Sh24.6 billion adding that the excess amount included by the company was to be used for some services which were to be free.
On financial capability, the board was categorical that OTL did not meet the annual turnover of Shs 8 billion from the last three years.
