Passengers arrive at the Jomo Kenyatta International Airport in Nairobi on August 18, 2014. PHOTO | BILLY MUTAI |
NATION MEDIA GROUP
Two companies are fighting over the establishment and management
of a multi-billion international brand fast food outlet at the Jomo
Kenyatta International Airport (JKIA) Nairobi.
Hoggers
Limited has opposed awarding of the tender to a company associated with
businessman Kamlesh Pattni by the Public Procurement Administrative
Review Board (PPARB) on December 18, 2014.
Hoggers Ltd
had bagged the bid for development and management of the food outlet in
May 2014 but Suzan General Trading JLT appealed against the move and the
procurement board reversed its earlier decision.
In a
case filed under a certificate of urgency by lawyer George Mbugua the
company told vacation judge Justice Odunga that “the decision to nullify
the tender is tainted with gross illegality.”
Mr
Mbugua urged the judge to allow Hoggers to challenge the decision of the
appeals board to award Suzan the tender to manage the outlet at the
airport which is managed by the Kenya Airports Authority (KAA).
DEPARTED FROM DECISION
He
said the board departed from its previous decision of May 6, 2014 by
directing a re-evaluation which resulted the tender shifting to the
rival firm.
“By nullifying the award of tender to the
applicant (Hoggers) and awarding it to Suzan without pointing out where
KAA failed to comply with the decision made on May 6, 2014 or
contravened the tender document is unlawful, grossly unreasonable and
irrational, amounts to introduction of extraneous considerations,” Mr
Mbugua said.
The judge certified the case urgent and directed Mr Mbugua and Suzan to appear before him today to argue the issue of stay
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