Lawyer Ken Ogeto for Kenya Pipeline Corporation Managing Director Charles Tanui.
BY SAM ALFAN.
A company that has sued Kenya Pipeline Corporation over a Sh43 billion pipeline construction from Mombasa to Nairobi wants the court to admit new evidence in the case.
Lawyer Paul Muite who is representing Ruhrpumpen Global Ltd told Justice Fred Ochieng at the High Court in Nairobi, that the court will have lowered its integrity if it declines the new set of evidence.
In the suit, Ruhrpumpen has sued Zakhem Construction Ltd and the managing director of KPC Charles Tanui for allegedly influencing the later in awarding a sub-contract to Japanese Ebara Corporation.
The contract involves the supply of booster and mainline pumps that will be fitted along the second pipeline from the port city to Nairobi to boost uptake. The tender was signed between Zakhem and KPC on July 1, 2014 to upgrade the pipeline between the two cities after beating 12 other bidders.
Ruhrpumpen argues that a decision to award the tender to Ebara will result in the loss of Sh391 million of public funds.
In court documents, it indicates that it quoted Sh1.4 billion while Ebara quoted Sh1.8bn. A third company Flowserve quoted Sh2.04 billion.
Muite said the court has come of age and the evidence should be admitted so that it gives a clear direction for the case.
“The court has the responsibility to protect its integrity by admitting the evidence,” the senior counsel argued.
In the new set of evidence, Ruhrpumpen indicates that the decision to award Ebara the sub-contract with an additional Sh391 to the tax payers will result in the delivery of a more expensive equipment of lesser efficiency.
The documents indicate that Ruhrpumpen’s booster and mainline pumps have 82.80 per cent pump efficiency, 96.00 per cent motor efficiency and has an energy usage of 17,477,430 kilowatt per hour (Kwh) annually compared to Ebara’s that have a pump efficiency of 78.5 per cent motor efficiency of 96.00 per cent and an energy usage of 18,434,793 annually.
“Unless the court intervenes the applicant will suffer extreme prejudice and the respondent`s decision will occasion great loss of public funds,” the documents say.
On Tuesday, KPC objected to new evidence saying the case is pending for a ruling and new evidence is not admissible.
Ogetoo and Otachi Company Advocates in the objection said the application by Ruhrpumpen is an abuse of court and should be struck out.
“The purported discovery of new evidence is not ground for opening a matter that is pending for ruling. The applicant should wait for the outcome of the ruling and take further steps as it may wish,” Ogeto said.
Ruling will be delivered on May 5.