Firm loses bid to stop Kenya Power’s award of tender to rival

Fleet Trucking Solutions Africa Ltd moved to the High Court challenging the award of the Sh53.8 million tender to Binary Computer Systems for supply of GPS real-time fleet tracking system to Kenya Power. FILE 

By GALGALLO FAYO

A fleet-tracking firm has failed in its bid to stop Kenya Power from awarding a tender to its rival.

Justice Weldon Korir dismissed a case by Fleet Trucking Solutions Africa Ltd challenging the award of the Sh53.8 million tender to Binary Computer Systems on the grounds that the company failed to prove that its rights had been infringed.

“It is not enough for an applicant in judicial review proceedings to claim that a tribunal has acted illegally, unreasonably or in breach of the rules of natural justice,” said Justice Korir.

Binary Computer was awarded the Sh53.8 million tender for supply of GPS real-time fleet tracking system on October 11 last year prompting Fleet Trucking to lodge an appeal with the Public Procurement Administrative Review Board saying it had been the lowest bidder.

The board dismissed the appeal prompting Fleet Trucking to go to the High Court in December to compel Kenya Power to award it the tender.

The company claimed that Kenya Power did not follow the law when awarding the tender and that the review board erred in upholding the power distributor’s decision.

Kenya Power opposed the application arguing that the company was questioning the merits of the case and that judicial review has no jurisdiction to look at the merits but the decision-making process. The State firm said the merit had already been considered and vindicated by the review board.

Kenya Power argued that the application had been overtaken by time since the implementation of the project had started.

Binary Computer has already started fitting GPS units on all Kenya Power vehicles to keep track of vehicles usage in order discourage misuse and for recovery in case they are stolen.

The vehicles to be fitted include those owned by the company and those bought by staff on loans guaranteed by the company and used on company business.

Fleet Trucking further said Kenya Power rejected its application on the basis that it had supplied audited accounts older than 15 months term set by the board.

It contended that its audited accounts were within a reasonable timeline, being two months older than the 15 months term and should not have been the ground for disqualifications.

The company further accused Kenya Power of signing an agreement after the proceedings for the case had commenced.

But Justice Korir said Kenya Power could not be accused of acting outside the law since there were no court orders stopping the signing of the contract.

“They did not break any law,” observed the judge