Activist Okiya Omtatah in court over Kebs' stickers tender
What you need to know:
- Activist alleges that Kebs did not take into consideration concerns raised by local contractors.
- Mr Omtatah says he took matter to High Court because he does not qualify to appear before the procurement review board.
- He has asked the court to issue temporary orders suspending tender until case is heard and determined.
Activist Okiya Omtatah has moved to court seeking suspension of a tender for the supply of Kenya Bureau of Standards’ standardization mark stickers.
Mr Omtatah wants tender cancelled, claiming that Kebs skewed it in favour of foreign contractors in contravention of the Public Procurement and Asset Disposal Act (PPADA).
He has pointed an accusing finger at Kebs for allegedly failing to take administrative measures to vary the tender documents so that it is aligned with the Constitution and the PPADA.
“Pending the hearing and determination of this case, court be pleased to issue an interim order prohibiting Kebs and its agents or any person purporting to act under its authority from process in or giving effect to international tender No. KEBS/T041/201-2020 for supply and delivery of standardization Marks (ISM/SM) stickers,” said Mr Omtatah.
The disputed tender was advertised last month on April 10 and was to close on April 30.
The activist claimed that he does not qualify to take his compliant to the review board since the rules only require candidates seeking that tender and the procuring entity to do so.
He argued that the High Court has the jurisdiction to hear and determine that matter.
In the documents filed in court, Mr Omatah alleges that there are specified conditions which only the current supplier meets hence the fresh tender award is already skewed.
He alleged that the impugned requirements have no regard for the government policy and the Constitution in terms of supporting the local industry where there is capacity.
He also alleged that there is an unreasonable mismatch between the technical evaluation and the evaluation criteria.
“In essence the procurement process is flawed and should be discontinued to protect the public interest,” said Mr Omtatah.
