A Chinese firm has revealed how the Kenyan government shortchanged it over a Ksh30 billion tender to construct the Lowaat Dam Project in Turkana.
The China International Water and Electric Corp Company was denied the tender and now wants the Public Procurement Review Boards (PPRB) to reopen the tender, claiming that the process of awarding the tender was fraudulent.
According to its country manager, Eng Wang Ruyi, the government did not notify it of the reasons why the tender was not given to the company since they submitted their bid.
"The procuring entity had by engaging in a flawed procurement process and in acting against the laid down laws and procedures, tilted the scales to enable them to carry out a sham procurement process and act in breach of the provisions of law as stated in the main grounds of our request for review," Ruyi announced.
[caption caption="File image of a past project by China International Water and Electric Corp"]
[/caption]
The company further wants the PPRB to award it the tender for funding designing, building and transferring of the Lowaat Dam.
The firm also noted that the National Irrigation Board (NIB), which is the procuring entity, was in breach of the Public Procurement and Assets Disposal Act, 2015, the Public Procurement and Asset Disposal regulations and the Fair Administration Action Act.
Additionally, the company highlighted that NIB failed to promote competition and ensure all bidders are treated fairly and equally to promote integrity and fairness.
In their petition to the PPRB, the company asserted: "The tender process initiated and carried out by the respondent is devoid of fairness, equality, transparency, competitiveness and is discriminatory."
In their defense, NIB noted that the entire procurement process was in accordance with the law denying the allegation that they did not notify the company of its unsuccessful bid.
The irrigation board also affirmed that they issued notification of tender outcome to all the three participating bidders by way of letters.
They equally dismissed the company's calls to have the PPRB hear the dispute saying they have no jurisdiction over it.
[caption caption="File image of National Irrigation Board Chairman Dr Sammy Letema."]
[/caption]
