Two foreign companies have been locked out of the Ksh160 billion NrrRironi - to Mau Summit dual carriage road project that links Nairobi to Nairobi.
The two firms lost the lucrative deal that was handed to an independent expert to oversee the whole state-of-the-art road project.
In a move that is likely to throw the entire project into headwinds, the two firms have now moved to the Administrative Review Board to demonstrate the cancellation of the contract and seek redress.
Spanish firm Technica Y Proyectos, S.A in consortium with Gibb Africa Ltd are seeking clarification on the matter after the Kenya National Highways Authority (KeNHA), notified them of the changes in the tender process on Monday, January 10.
Technica Y Proyectos through its lawyers, Kihara & Wayne Advocates, complained that it was unfairly denied the tender, having attained the highest combined score.
The firm accused KeNHA of breaching the Constitution and argued that the authority ought to have concluded the evaluation process strictly under the request for proposals.
“That the first respondent (KeNHA) by terminating the procurement has failed to promote and enforce transparency, effective management and accountability contrary to section 44(2)(e) if the Public Procurement and Assets Disposal Act, 2015,” read part of the court filings.
Another Korean firm also filed a law suit challenging the changes in the tender process, further piling pressure on KeNHA.
“The aforesaid letter of notification of the termination is vague, and unclear as to whether the evaluation committee had prepared an evaluation report containing of the evaluation and comparison of the tenders,” the Korean firm stated in its court documents.
Its managers want KeNHA to revoke the deal awarded to the independent firm, conduct a fresh tender process and reward the successful bidder.
The project, initially meant to start in September 2021, stalled over the controversies marring the tender process. The Mau Summit road is set to be expanded into a four lane dual carriage through a public-private partnership model. Like the Nairobi Expressway project, Motorists using both roads will also pay toll fees.
The 233-kilometer Mau Summit highway transverses Kiambu and Nakuru. It is meant to be built by the Rift Valley High Company a consortium comprising Meridian Infrastructure Africa Fund, Vinci Highways, and Vinci Concessions, a French concessions and construction firm.