The Interior Ministry has been dealt a major blow after the High Court on Monday ordered it to re-advertise Sh12.6 billion police cars leasing tender.
In his ruling, according to Standard, Justice John Mativo directed the ministry to award the tender to local firms as opposed to foreign-based companies.
The ruling is a major win to CMC Motors, which is one of the largest industry players on the market at the local level.
Justice Mativo, in his ruling, said that the tender issued by the Interior Ministry was characterized by illegalities.
CMC’s lawyer Migos Ogamba had questioned the legality of the Interior Ministry re-advertising the tender and then awarding another firm within 14 days.
The directive came before the period within which the Public Procurement Administrative Review Board (PPARB) is mandated to issue a verdict on the matter had elapsed
“The interested party’s decision to re-advertise the tender on September 20, 2019 prior to the expiry of the 14 days period from the date of the respondent’s (PPARB) decision offends the Constitution and therefore the purported re-advertisement, evaluation and notification of award of the said tender and any other processes emanating therefrom are null and void,” ruled Justice Mativo, according to Standard.
He also said that the award of the tender was undertaken in secrecy with the aim of denying the court an opportunity to scrutinize the same.
CMC faulted the procurement team for skewing the entire process in favour of other players in the industry and sought for the cancellation of the tender on grounds that it was awarded without taking into account the national values of fairness and equality.
The tendering committee is now expected to go back to the drawing board.