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

The Star (Kenya) - - Politics - PETER NG’ETICH @pet­kich

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.

FAULTED JUDGE

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.

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