The Supreme Court in a judgement issued today, has ruled that the procurement process for the Ksh.500 billion Standard Gauge Railway (SGR) project was carried out in accordance with the provisions of Article 227 of the Constitution.
While overturning a Court of Appeal decision from 2021 that ruled the project was flawed, the Supreme Court stated that the project was undertaken as a government-to-government contract and thus exempt from the provisions of the Public Procurement Disposal Act, 2005 under Section 6(1) of the said Act.
“The Court of Appeal judgment dated 19th June, 2021 is hereby set aside…The Cross Appeal dated 23rd September, 2022 be and is hereby dismissed,” read the ruling.