The High Court has temporarily blocked the Kilifi County government from procuring goods and services following a petition by an activist alleged that the tender document inviting bids did not comply with procurement laws.
Justice Stephen Githinji temporarily blocked the procurement pursuant to bids inviting suppliers, service providers and contractors to submit their proposals on August 21.
Mr Julius Ogogoh submitted that Kilifi County had breached the provisions of the Public Procurement and Disposal Regulations, since the tender document does not provide for a financial evaluation criteria.
“A conservatory order is hereby issued restraining the 1st respondent (Kilifi County government) from procuring and or continuing with the procurement process to procure goods and services through framework agreement pursuant to invitation of bids for suppliers, service providers and contractors to submit their bids,” the order read. The judge clarified that the order does not affect the tenders that have already been signed prior to the issuance of the order.
In response to the petition, the county government has challenged the powers of the High Court to determine the case. It argued that the matter is reserved for the Public Procurement Regulatory Authority.
This is because the issues raised in the petition emanate from a public procurement process started through the framework agreements for the Financial Year 2024/2025-2026.
Justice Githinji directed the parties to file their submissions and he will give a ruling on the application challenging the court’s jurisdiction, on December 9.
Mr Ogogoh said the invitation to tender does not specify that it intends to establish a framework agreement, the number of supplier or contactors in the said agreement, the evaluation criteria or an estimate of the total volume or scope of work to be made for the duration of the framework agreement, as required by the procurement Regulations.
