A row over the tender award of a gadget introduced to check and record speed for all vehicles on the Kenyan roads has spilled over to the courts.
In a suit filed by Fedha Electronics Limited (FEL), the National Transport and Safety Authority (NTSA) and the Public Procurement Administrative Review Board (PPARB) have been dragged to court for awarding Flex communications limited the tender for the supply, delivery, installation testing and commissioning of the Universal Policing Unit system (UPU).
Through Lawyer Nyakundi Kiage, Fedha accused the board and the authority for refusing to consider its request on the award to Flex to be reviewed.
The board had on July 4 declined to have the tender decision award reviewed amidst claims that it was shrouded with secrecy and single sourced, contrary to the Public and Asset Disposal Act 2015.
In the case, the firm claimed that the whole procurement process was a sham since the award was predetermined and that adverts on NTSA’s website about it were not sufficient.
The firm alleged that the company awarded the tender intends to introduce a software that will lock out stakeholders who are wholly involved in developing the UPU system from supplying hardware.
“If a stay of that decision of the review board is not granted, NTSA will proceed to single source which will render this matter nugatory and a mere academic exercise,” said Mr Kiage.
In the review before the board, Fedha claimed that there are several firms which can provide the UPU which is used to check the functionality of the speed limiters on the roads as a way of monitoring drivers to curb accidents.
The firm further alleged that NTSA is live to the fact that there are several firms which have developed UPU’s which have been tested and found to be of high performance but opted not to advertise the tender openly to provide a level playing field for those interested in the award.
The firm had wanted the authority compelled to produce meeting minutes as well as names of those who participated in the process.
It had also wanted the tender award nullified so that genuine requirements can be implemented but the board dismissed its requests.