Indian company Olive limited Lawyers Mohamed Nyaoga and Senior Counsel Ahmednassir Abdullahi leaving Milimani Law Court after they obtained orders suspending laptop tender.(March 19, 2014).
BY SAM ALFAN.
The high court has ordered fresh tendering of the ambitious primary school Laptop project.
A three judge bench held that the Public Procurement Administrative Review Board acted in beyond their mandate by nullifying th lucrative tender.
Justice Francis Gikonyo, George Odunga and Weldon Korir faulted the review board for failing to put a balance while considering additional to cut across to all bidder.
The court further found that the board barred the Indian company Olive limited from participating in the tendering process, without considering the material and documents that were placed before it.
The judges said while the project was considered as progamme to promote the education of school going children, the board exceeded its legal order outside the tendering process.
“The project as announced by the government ought to have been carefully looked at by the procurement entity” they said.
The ministry of education was also faulted for failing to disclose in the tender documents where laptops were to be sourced.
Olive Telecommunications Pvt Limited whose Sh24 billion tender to supply the laptops was canceled by the Review Board had obtained orders stopping the government from procuring afresh the laptops
Justice Korir who first heard the application issued the barring order against the the Ministry of Education, Science and Technology from proceeding to award the tender for the supply of laptops to primary schools in the country.
“The ministry is restrained from any further procurement proceedings in respect of Tender No ICB/MOEST/7/2013-2014 for the supply, delivery, installation and commissioning ICT integration in devices and solutions for primary schools in Kenya until the determination of this case,” ruled Justice Korir.
The firm had moved to court claiming that the review board’s decision to cancel its tender was a breach of their rights and based on falsehoods concerning the status of the company.
It sought that the Ministry of Education stopped from proceeding to re-evaluate bids by computer firms HPU of the Netherlands and Hailer of China with the aim of awarding either of them the tender for supply and installation of computers to primary schools across the country.
Olive through their lawyers Mohamed Nyaoga, Guto Mogere and Ahmednassir Abdullahi said it was aggrieved by the actions of the board to annul their tender award without giving them a fair hearing. Olive stated that the Board made a ruling on whether the firm had met financial criteria to qualify for tender and whether it submitted its bid alone or with another entity yet the matter was not properly before the Board for it to consider.