By Peter John
The High Court in Nairobi has issued temporary orders stopping the Kenya Tea Development Agency (KTDA) and its subsidiary, Chai Trading Company Limited, from proceeding with a contested multi-million-shilling security contract until a petition challenging the award is heard and determined.
The directive was granted following an urgent application filed by Anthony Manyara and Youth Advocacy Africa, who accuse KTDA of breaching principles of fairness and transparency in awarding the tender for security services.
Through their lawyer, Elly Okoth, the petitioners argued that KTDA and Chai Trading had already begun taking steps to sign and implement the tender with a preferred bidder, an action they said would render the case meaningless if not stopped.
“The respondents have moved to execute and possibly sign the disputed contract in disregard of this ongoing case, actions that risk rendering the petition nugatory,” reads part of the application.
The applicants, who are long-time service providers to KTDA, told the court that the procurement process was marred by irregularities and that they risked suffering significant commercial and reputational harm if the deal was allowed to proceed.
They also accused the tea agency of acting in bad faith and violating legitimate expectations by ignoring its own internal procurement procedures.
While KTDA is not directly bound by the Public Procurement and Asset Disposal Act, the petitioners maintained that it remains subject to the general principles of fairness, accountability and good corporate governance.
The court suspended any signing, execution or implementation of the contract until the matter is fully heard and determined.
