Busia Senator Okiya Omtatah.
Busia Senator Okiya Omtatah has sued the Cabinet Secretary for Mining and Blue Economy, Hassan Joho, over the re-advertisement for works on a multi-million fish project, whose construction he argues is complete.
In a petition filed at the High Court in Mombasa, Mr Omtatah wants a declaration that the Liwatoni Fresh and Frozen Fish Processing Plant was launched and tested, cannot be the subject of fresh procurement and award of contract
Apart from CS Joho, the Senator has gone after the Principal Secretaries (PS) in the state departments for Blue Economy and Fisheries and Public Works, Chief Executive Officer Kenya Fishing Industries Corporation, and Attorney-General Dorcas Oduor, claiming that the advertisement of the completed work is a scheme orchestrated to swindle money from the taxpayers.
The Liwatoni Fisheries Complex in Mombasa County.
The Senator claims the project is already complete and has been ready for operations.
The petitioner also wants a declaration that the plant, which is part of the Liwatoni Fisheries Complex, should be leased, operationalised, commercialised, and managed.
Launched by Uhuru
Then President Uhuru Kenyatta (in blue cap) inspects Liwatoni fishing complex in September 202. He was accompanied by then Mombasa Governor Ali Hassan Joho (in black shirt).
According to Mr Omtatah, on August 6, 2022, the plant was launched by former President Uhuru Kenyatta, complete with a test run marking the completion of that component of the project.
The petitioner further says that in February last year, President William Ruto visited the plant where he was taken around the facility.
Mr Omtatah says that on February 13, the Blue Economy PS advertised a tender inviting bids from interested firms to lease, operationalise, commercialise, and manage the Liwatoni Fisheries Complex.
“The PS (Blue Economy) described the project as one capable of providing fish storage and processing services and tapping into the increasing local and global market,” part of the petition states.
The petitioner argues that the decision to advertise the Liwatoni Fisheries Complex for leasing, operations, and management was proof that the facility was ready for operations.
He argues that later in March, an advertisement was made for the proposed completion of the plant, yet the facility had been launched and a test run done before the tender was abandoned when it was challenged in court.
“But the skewed scheme continued when the first respondent (PS Blue Economy) re-advertised the same under a different tender No MMBE&MA/SDBE&F/31/2023-2024,” says Mr Omtatah.
'Scheme to hoodwink Kenyans'
The petitioner says that on August 19, Joho made pronouncements in Mombasa that a new contractor had been awarded the contract for the plant that was launched.
“The petitioner reasonably suspects that the re-advertisement of the completed project is a scheme to hoodwink Kenyans and steal colossal amounts of money contrary to provisions of the constitution on the rule of law, transparency, and many other values enshrined,” says Mr Omtatah.
The petitioner wants a declaration that the Tender No MMBE&MA/SDBE&F/31/2023-2024 is fraudulent and therefore unconstitutional, null and void from the beginning.
Mr Omtatah also wants an order issued that the tender be quashed and also a declaration that the respondents should be surcharged to recover any money spent on it (tender).
In the meantime, Mr Omtatah wants a temporary order issued restraining the respondents from awarding contracts under the tender No MMBE&MA/SDBE&F/31/2023-2024 for the proposed completion of Liwatoni Fresh and Frozen Processing Plant pending hearing and determination of the petition.
The petitioner also wants a temporary order issued restraining the respondents from handing over the plant to a new firm or contractor under the tender for the proposed completion of Liwatoni Fresh and Frozen Processing Plant pending hearing and determination of the petition.
Mr Omtatah also wants an interim order issued to compel the PS Blue Economy to provide him with all information as required under Article 35 of the constitution on access to information regarding four tenders related to the project.
