Court stops re-evaluation of laptop tender bids
Senator Obama Nyangoma Primary pupils browse on laptops. The High Court has stopped the Ministry of Education, Science and Technology from proceeding to award the tender for supply of laptops to primary schools in the country. FILE PHOTO | NATION MEDIA GROUP
The High Court has stopped the Ministry of Education, Science and Technology from proceeding to award the tender for supply of laptops to primary schools in the country.
Justice Weldon Korir issued the orders following an urgent application to stop the process by an Indian company whose Sh24 billion tender to supply the laptops was cancelled last week by the Public Procurement Administrative Review Board.
“The ministry is restrained from any further procurement proceedings in respect of Tender No ICB/MOEST/7/2013-2014 for the supply, delivery, installation and commissioning ICT integration in devices and solutions for primary schools in Kenya until the determination of this case,” ruled Justice Korir.
Olive Telecommunications PVT Limited moved to court claiming that the review board’s decision to cancel its tender was a breach of their rights and based on falsehoods concerning the status of the company.
They want the Ministry of Education stopped from proceeding to re-evaluate bids by computer firms HPU of the Netherlands and Haier of China with the aim of awarding either of them the tender for supply and installation of computers in primary schools across the country.
“The decision to cancel Olive’s contract was contrary to rules of natural justice since it was based on grounds not pleaded by any of the applicants especially the allegation that the company did not meet the financial turnover to qualify for the award,” said lawyer Mohammed Nyaoga.
