By Andrew Kariuki
A petitioner has moved to the High Court in Wajir seeking urgent intervention to stop the implementation of six road and drainage projects collectively valued at approximately Ksh1.86 billion, citing alleged irregularities in the procurement process.
Ahmed Ibrahim, in a constitutional petition filed before the Constitutional and Human Rights Division, is asking the court to issue conservatory orders suspending the award, implementation and execution of the disputed tenders pending determination of the case.
According to court filings, Ibrahim argues that the matter requires immediate intervention because the procurement process has progressed to an advanced stage, raising fears that contracts could be executed and public money released before the court determines whether the process complied with the law.
The petition concerns Tender Nos. KURA/DEV/HQ/422/2025-2026 to KURA/DEV/HQ/427/2025-2026, which involve urban road construction and drainage infrastructure projects in Wajir County financed through public development funds.
Ibrahim contends that the tendering process failed to satisfy constitutional and statutory standards governing public procurement, including requirements relating to transparency, competitiveness and fairness.
Among the issues raised before court are claims that officials at the Kenya Urban Roads Authority (KURA) allegedly failed to adequately assess bidders, including verification of company ownership structures and technical qualifications before awarding contracts.
The petitioner further alleges that some successful bidders appeared to have overlapping directors, shared addresses and similar contact information, raising concerns about possible proxy arrangements and coordinated bidding.
At the centre of the dispute are allegations that a senior public official in Wajir County may have beneficial interests in some of the firms awarded contracts through individuals linked to relatives or associates. Ibrahim argues that, if proven, such arrangements would amount to a conflict of interest and breach constitutional provisions on leadership, accountability and prudent management of public resources.
The petition also challenges the implementation of the Access to Government Procurement Opportunities (AGPO) programme, alleging that tenders intended to benefit women and youth may have been awarded to entities linked to politically connected individuals, contrary to the programme’s intended affirmative action purpose.
In addition, Ibrahim accuses KURA of failing to respond to a formal request for procurement-related information made under the Access to Information Act, 2016. He says the authority did not provide documents including tender evaluation reports, ownership records and tender committee minutes despite requests for disclosure.
Through the application, the petitioner is seeking orders stopping the signing, execution or implementation of any agreements arising from the disputed tenders, while also asking the court to bar disbursement of public funds, including mobilisation payments, until the matter is determined.
He is also seeking an order compelling disclosure of procurement records connected to the tenders and ultimately wants the court to declare the procurement process unconstitutional, unlawful, null and void for alleged breaches of procurement law and constitutional principles.
The petition is anchored on several constitutional provisions, including Articles 10, 27, 35, 47, 73 and 227, which address national values, equality, access to information, fair administrative action, leadership and integrity, and fair public procurement.
