Omtatah wants Chinese firm, 2 ex-PSs to pay state Sh46bn
It is most insulting to Kenyans ..... that the single largest public procurement project since 1963 was done contrary to Kenya’s new constitutional order, says activist
Activist Okiya Omtatah wants the Court of Appeal to compel a Chinese company and two former PSs to pay the government Sh46 billion over the procurement of the SGR.
He said Kenyans lost money during the procurement of the Sh350 billion project and China Road and Bridge Corporation and former Transport PSs Cyrus Njiru and Nduva Muli should be enjoined in the case.
In the appeal filed before judges Agnes Murgor, Daniel Musinga and Stephen Kairu, Omtatah said the Constitution outlaws direct procurement.
“This court should take judicial notice of the fact that past procurement involving Chinese financing was always assured through competitive procurement limited to eligible Chinese companies and never was single sourcing a preferred method of procurement,” he said.
INSULTING TO KENYANS
Omtatah said he will demonstrate how the public lost money and why Kenyans should be refunded the Sh46 billion.
“It is most insulting to Kenyans who gave themselves the new anti- corruption Constitution that the single largest public procurement project since 1963 was done contrary to Kenya’s new constitutional order,” he said.
Omtatah said the “unlawful manner” in which the SGR was procured was a major administrative coup against the Constitution.
He faulted Justice Isaac Lenaola’s judgment of November 21, 2014, which dismissed his case after he tried to stop construction of the railway until all procurement laws were followed.
“If this honourable court does not close doors of impropriety and impunity, by imposing appropriate sanctions on those who have defiled the republic through the SGR, many people will suffer grave harm and this court, like the High Court, will have failed in its duty to keep those doors firmly shut,” Omtatah said.
He said it was a major violation of the Constitution that the SGR project was not proposed through the national budget in Parliament, to allow for public participation, and was not considered alongside other proposed expenditures of the government.
“This is borne out by the fact that in 2013-14, Parliament formed two committees to investigate how the project was procured,” he said.