The Architectural Association of Kenya (AAK) has raised concerns over the procurement process employed in the tender advertisement for the Nairobi Intelligent Transport System (ITS) and Junctions Improvement Project.
In a notice released on Wednesday, February 14, AAK requested Roads and Transport Cabinet Secretary (CS) Kipchumba Murkomen to withdraw the tender advertisement for the project as it was against the State’s laws on tender procurement.
The tender notice advertised through the ‘MyGov’ newspaper on February 6, 2024, outlined requirements for applicants interested in the project, limiting participation to Chinese nationals only.
“It is disconcerting that such exclusionary criterion can be given in a Kenyan procurement process, 60 years post-independence and against the very values that the Kenyan constitution upholds,” AAR stated.
Condemning the decision by Kenya Urban Roads Authority (KURA), AAR further noted that the procurement process failed to adhere to fundamental principles outlined in the Public Procurement and Asset Disposal Act (PPADA) 2015.
According to the PPADA, at least 51 per cent of the bidders should be Kenyans, further insisting on the need to employ fairness, transparency and inclusivity in the procurement process.
Quoting the Public Procurement and Asset Disposal 2020 Regulations, AAK explained that excluding all other nationals except the Chinese contradicted the guidelines.
“75 per cent of employment opportunities must be reserved for Kenyans for works, consultancy services and non-consultancy services,” AAK noted.
The procurement regulations further instruct persons bidding for tenders should build linkages with local industries by sourcing at least 40 per cent of products used locally.
AAR also requested that the tender be re-advertised with adherence to the established legal frameworks.
Economist Mohamed Wehliye explaining why the procurement process will lead the country towards an economic downfall, stated that the projects will paint the country as a developed country, without translating to local cash flow.
“A Chinese bank finances a Chinese company to build stuff in Kenya and the Chinese bank pays a Chinese contractor in China,” Wehliye explained.
