Maritime agency sued over procurement of underwater vehicle

Mombasa Law Courts in this picture taken on July 9, 2020. 


Photo credit: File | Nation Media Group

The Kenya Marine and Fisheries Research Institute (Kemfri) is on the spot over the procurement of the remotely operated underwater vehicles (ROV).

A Mombasa resident has moved to the court seeking disclosure of the identity of the company that the institution awarded the tender.

In the petition filed before High Court in Mombasa, Caleb Ngwena want the identity of the directors of the company that won the tender made public.

“I pray that the institution be compelled to provide the name of the firm that won the tender to purchase the ROV and how the purchase was done,” said the petitioner.

ROV is an underwater vehicle that is similar to a robot, it is fitted out with sensors and sampling tools to collect data in various fields including in marine research.

Mr Ngwena has sued the institution alongside its director James Njiru and the Attorney General Kariuki Kihara.

The petitioner also wants the respondents to table in court report made to any police station about the loss or theft of the equipment and a further report based on action taken by either the police or the institution.

He has also asked the court to direct the respondents to provide original appointment letter of the deputy director of finance and administration, and also the letter that changed the said position from contractual to permanent and pensionable, and the board resolution that confirmed the same.

Mr Ngwena is also seeking disclosure of employees documentations including those for employment and promotions to clear the air on matters touching on violations of the law.

“Unless I am furnished with the requested documents to enable me to file a substantive suit challenging the respondents for the reasons already stated, public funds will continue to be lost,” said the petitioner.

Mr Ngwena is also challenging the suitability of the Kemfri director to head the institution.

He has alleged that he was recruited without the requisite qualifications for the job and that his employment was fraudulent.

“There is wanton corruption in the institution where tenders are awarded contrary to the Public Procurement Act. There are various incidences of violation of the employees’ rights,” he said.

The petitioner has told the court that he wants the documents he has asked for supplied to him so that he can expose the extent of corruption and violation of employees’ rights going on in the institution.

He further submitted that there is an urgent need for the court to move with speed, as the custodian of the rule of law, and compel the Kemfri boss to supply the requested documents.

“The acts of corruption aforementioned will continue and there will be loss of public funds, which will be difficult to recover,” said Mr Ngwena.

Mombasa Resident Judge Eric Ogola , who is handling the case, has directed the petitioner to serve the respondents with the court papers before any direction is given.

The case will be heard on May 13.