Blow to Governor As High Court Halts County’s Procurement System
The High Court has temporarily blocked Kilifi County’s procurement process for goods and services following a petition by activist Julius Ogogoh.
Court found compelling reasons to block the framework agreement model for procurement of goods and services.
The court issued conservatory orders restraining the county from continuing with the framework agreement pending hearing and determination of a preliminary objection filed by the county.
Petitioner Julius Ogogoh, who is the Chief Executive Officer for Commission for Human Rights and Justice (CHRJ), had filed to revoke application for tender documents inviting suppliers, service providers and contractors to submit bids for 2024/2025-2026.
The hearing and full determination of the case is slated for December 9, 2024.
The Commission through Mr. Ogogoh challenged the framework agreement model, citing Article 227(1) of the Constitution which reads: “When a state organ or any other public entity contracts for goods and services, it shall do so in accordance with a system that is fair, equitable, transparent, competitive and cost effective.”
He argued that Section 91(1) of the Public Procurement and Asset Disposal Act describes open tendering as the preferred mode of tendering and should be adopted for procurement of goods, works and services for the threshold prescribed in the respective national and county regulations.
The procuring entity, by dint of Section 91(2), may use an alternative procurement procedure only if that procedure is allowed and satisfies the conditions under this Act.
On August 21, 2024, Kilifi County published an advertisement inviting bids for suppliers, service providers and contractors to submit their bids for supply and delivery of goods and services through framework agreement for the financial year 2024/2025-2026.
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