Activist seeks to stop re-award of police tender

Activist Okiya Omtatah has gone to court to stop reinstatement of the cancelled Sh18 billion police tender to ZTE of China. Photo/FILE  NATION MEDIA GROUP

By GALGALLO FAYO

IN SUMMARY
Mr Omtatah and another petitioner, Wycliffe Nyakina, are seeking a High Court order suspending the
reinstatement and fast tracking of the cancelled tender for the supply, installation, testing and commissioning of the national surveillance, communication, command and control systems in the National Police Service.

Activist Okiya Omtatah has gone to court to stop reinstatement of the cancelled Sh18 billion police tender to ZTE of China.

The tender was cancelled in February by then Head of Civil Service Francis Kimemia who accused Internal Security ministry officials of inflating the bid by at least Sh8 billion and directed re-tendering.

READ: Kimemia cancels police tender at centre of Chinese firms’ row

Mr Omtatah and another petitioner, Wycliffe Nyakina, are seeking a High Court order suspending the reinstatement and fast tracking of the cancelled tender for the supply, installation, testing and commissioning of the national surveillance, communication, command and control systems in the National Police Service.

Justice Mumbi Ngugi Wednesday certified the suit as urgent but struck off the names of principal secretary Mutea Iringo and Attorney- General Githu Muigai from the case, saying the two cannot be sued in their private capacity while their respective offices have been listed as respondents.

The ruling on the application will be delivered on September 25.

The petitioners maintain the Police Service Commission is an independent body, and should alone be in charge of procurement in the National Police Service, not any other person or entity.

They said the tendering process was unconstitutional because it was only open to Chinese firms and want the tender to be open to all suppliers, so that the country can get the best system.

The controversy started following a letter by ZTE to Mr Iringo seeking reinstatement of the award.

READ: China firm accused of scheme to revive cancelled tender

Through its local representative C N Kihara and Company Advocates, ZTE Corporation Kenya Ltd wrote to Mr Iringo on July 10 saying the procurement should be concluded after Huawei Technologies withdrew its objection to the award in February.

“It is illegal to stop the tender procedure being finalised if there is no good cause as concerns the laws of the land. To avoid more legal disputes we kindly request your good office to finalise the procurement timeously,” the letter, signed by Njuru Kihara, reads in part.

Mr Omtatah said the ministry had ignored letters seeking clarification on the contract.

The tender hit the headlines after Chinese firm Huawei Technologies moved to court to contest the award to ZTE.

Six Chinese firms — ALIT, ZTE Corporation, China Xinshidai Company, AVIC International Holdings, Huawei Technologies Ltd and China Electronics Engineering — had expressed interest in the tender and three, ZTE, AVIC International and Huawei, submitted their documents