Kenya Power has been barred from proceeding with a Ksh.22 billion tender for the supply of meters, pending the determination of a petition challenging the process leading to the award of the tender.
“The leave so granted do operate as a stay of implementation of any decision arising from the notification of intention to award dated 2nd May 2023 including but not limited to actual tender award, signing of procurement contract, execution and/or performance of procurement contract…,” the judge said.
Justice John Chigiti also certified the matter as urgent and directed Kenya Power not to sign the contracts with the winning bidders.
Benedict Kabugi Ndung’u moved to court to challenge the tender.
Kabugi argues that the tender’s eligibility criteria was watered down to include local assemblers of meters and not manufacturers as earlier advertised, through six addenda, a fact that changed the substance of the original tender document.
The tender was advertised in February for supply of meters by local manufacturers only. Four local companies were issued with notifications including Inhemeter Africa Company Ltd, Smart Meter Technology Ltd, Yocan Group Ltd and Magnate Ventures Ltd.
But Mr Kabugi says the entire process leading to the award were marred with procedural and substantive irregularities including breach of several sections of the Public Procurement and Asset Disposal Act.
He says mandatory terms on conditions for tender and eligibility were substantially and irregularly altered to defeat the need for competitive bidding.
The judge directed the matter to be mentioned on June 28 for directions.