By Andrew Kariuki
The High Court has been asked to halt the award of the Bus Rapid Transit (BRT) Line 5 tender by the Kenya Urban Roads Authority (KURA) pending the determination of a constitutional petition challenging the procurement process.
In an urgent application filed before the court, the applicant is seeking orders to restrain KURA from proceeding with the evaluation, award or signing of any contract relating to the BRT Line 5 project, arguing that doing so would render the pending case nugatory.
According to the court papers, the applicant contends that the procurement process is already under legal challenge and that allowing the tender to be awarded before the issues raised are heard and determined would defeat the purpose of the petition.
The applicant argues that the court’s intervention is necessary to preserve the subject matter of the dispute and safeguard public interest.
The application further states that the project involves substantial public funds and long-term contractual obligations and that any irregularities in the procurement process should be subjected to judicial scrutiny before irreversible steps are taken.
KURA and other respondents named in the case are accused of moving towards finalising the tender despite being aware of the ongoing legal proceedings.
The applicant maintains that unless the court issues interim orders, the procurement process may be concluded in a manner that compromises transparency, accountability and compliance with the Constitution and procurement laws.
The court has been asked to certify the application as urgent and to issue temporary orders pending inter parties hearing.
Directions on filing responses and the hearing date are expected once the matter is placed before the judge.
