High Court nullifies tender for free laptops project
A three-judge bench has nullified the Sh24.6 billion tender for the supply of laptops to primary schools.
Judges George Kimondo, George Odunga and Mumbi Ngugi on Wednesday said their ruling is meant to "promote equity and cost effectiveness in the tendering process."
The tender is for the supply of 1.3 million laptops to Class One pupils in public schools and is one of the Jubilee government’s pet projects.
The dispute started when the public procurement board cancelled the contract awarded to Indian firm Olive Telecommunications PVT Ltd on the grounds that the company did not meet the financial requirement set in the tender document and was not an original equipment manufacturer.
The review board then gave the government 45 days within which to re-evaluate bids by computer firms HPU of the Netherlands and Haier of China and award a new supply tender.
The ministry had awarded the tender to Olive at a cost of Sh24.6 billion, which the board found was Sh1.4 billion more than the price quoted by the winning bidder before negotiations with the ministry.
Olive Communications Ltd (OTL) went to court seeking judicial review of the decision to cancel the laptop tender and its subsequent exclusion from a new bidding process.
