Court blocks fresh laptop tender award

The primary school laptop project suffered yet another setback on Wednesday.

The High Court stopped the Education ministry from proceeding to award the tender afresh.

Justice Weldon Korir issued the orders following an urgent application to stop the process by Indian firm Olive Telecommunications PVT Ltd, 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 had moved to court claiming that the board’s decision to cancel its tender was a breach of their rights and based on falsehoods concerning the status of the company.

STOP RE-EVALUATING BIDS

The firm wants 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 the 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.

The procurement review board last week ruled that the Indian company did not meet the mandatory financial requirement set in the tender document and did not prove that it was an original equipment manufacturer as envisaged.

The case is will be heard inter-parties on April 10.