The High Court has ordered Kenya Ports Authority to file the necessary documents regarding an international tender involving purchase of three new cranes worth about Sh3 billion (US$29,625,250) in 2013.
Justice Said Chitembwe directed KPA Managing Director Catherine Mturi to file a report about the process of the procurement of the three cranes on December 17, 2013.
The judge directed the KPA MD to ensure the report indicates when the tender was to be completed and when it was completed.
“Were the cranes imported as completely built units and assembled in Kenya or were they built locally?” asked Judge Chitembwe.
Ms Mturi is also directed that table importation documents be tabled, including bills of lading and inspection certificates, in case the cranes were imported.
“The report to confirm that the cranes were duly supplied, are operational and do comply with the tender specification,” the orders further read.
The KPA boss has also been directed to file the report within six days since the organisation had maintained that information about the multi-million-shilling tender was available and the contract already executed.
READ: Anti-graft unit probes cranes deal
READ: MPs summon firm that lost ports job
Justice Chitembwe also ordered Kenya Bureau of Standards to file a report indicating it inspected the three cranes and whether tender specifications were met.
A consultant, World Crane Service Company, was also directed to file within 60 days a report on evaluation of the tender as per its terms of engagement with KPA.
“The report should cover all the technical specifications and terms of the tender and confirm whether the cranes that have been supplied meet the tender specifications,” ordered Justice Chitembwe.
At least 15 State and private institutions have been sued including Public Procurement Oversight Authority, KPA, Kenya Revenue Authority, Commission on Administrative Justice, Competition Authority of Kenya and KBS.
MS Kocks Krane GMBH of Germany is seeking the cancellation of a tender of provision of the cranes because it was not awarded to a competitive bidder.