The High Court has revoked the 98 kilometres Nyeri, Murang’a’ road construction tender that was earlier on awarded to local firm.
The public procurement appeals body had awarded Sh6 billion road construction tender to Roben Aberdare, but was revoked by High Court judge George Odunga following a suit filed by the Kenya Rural Roads Authority (KeRRA).
According to Justice Odunga, the Public Procurement Administrative and Review Board’s (PPARB) decision was invalid since the body has no authority to award tenders.
The high court Judge added that the PPARB’s decision was premature as KeRRA had not completed evaluating bidders interested in the tender for upgrading a number of roads in Nyeri and Murang’a stretching 98 kilometres.
Kenya Rural Roads Authority moved to court in March, claiming that the PPARB had ordered it to award Roben Aberdare the tender.
The PPARB argued that its decision was informed by an evaluation report prepared and signed by KeRRA’s tender evaluation committee.
The report, according to the PPARB, recommended that Roben Aberdare be awarded the deal.
But Justice Odunga said in his ruling that KeRRA did not disclose where it obtained the alleged evaluation report, making it difficult to ascertain whether the document was acquired legally.
“If the evaluation process was not complete it is clear that to make a determination in the manner the PPARB did was clearly unlawful and unreasonable,” Justice Odunga ruled.
“The best that the PPARB could do was to compel the KeRRA to consider the tender and make a decision within the period prescribed by the Act and the regulations.