The High Court has blocked Kenya Ports Authority (KPA) from entering into an agreement for the provision of security services at the port of Mombasa with ten security firms.
Justice John Mativo granted the order barring KRA from entering the deal with ten firms, pending the determination of a petition filed by Newham Services International Ltd.
The High Court has blocked Kenya Ports Authority (KPA) from entering into an agreement for the provision of security services at the port of Mombasa with ten security firms.
Justice John Mativo granted the order barring KRA from entering the deal with ten firms, pending the determination of a petition filed by Newham Services International Ltd.
The company says it has been providing the services since March 2018 to date but KPA invited tenders for the provision of the services in January and its bid was rejected.
The firm’s bid was rejected on grounds that the bid document submitted by the company did not clearly indicate sections and page numbers and that the firm did not provide a complete set of audited accounts for the last three years between 2018 and 2020.
The firm rushed to court to block KPA from signing contracts with firms including Catch Security Links ltd, Hatari Security Guards Ltd, Northwood Services ltd, Total Security Surveillance Ltd, and Bedrock Security services Ltd.
Others are Sovit Security Solutions ltd, Security Links Ltd, Access Security Links Ltd, Radar ltd and Vickers Security Services Ltd.
“That leave be and is hereby granted to the x-parte applicant to apply for orders of prohibition and the orders to operate as stay of the intended conclusion…” the Judge said.
The court also barred KPA from removing 18 guards from Neham Services, who are currently providing the services at the Port.
Newham Services said it was aggrieved by the KPA's decision to reject its bid and filed a request for the review of the decision before Public Procurement Administrative Review Board.
But despite challenging the rejection of its bid, the firm said KPA was likely to sign contracts with the said firms, defeating its case.
“The responded (KPA) is likely to give awards to the interested parties and contravene section 94 of the Act as the appeal is pending hearing and determination,” Mr Saul Munoko, the director of human resources and administration at Newham Services said in a sworn statement.
