Blow to Joho as court stops fish project tender
Mining, Blue Economy and Maritime Affairs Cabinet Secretary Hassan Joho
Busia Senator Okiya Omtatah has won the first round in a case challenging the re-tendering of a multi-million-shilling fish project after the court temporarily halted the exercise.
The High Court has issued a temporary order restraining Cabinet Secretary for Mining and Blue Economy Hassan Joho and other State officials from awarding any contracts in relation to re-advertisement for works on the multi-million Liwatoni Fresh and Frozen Fish Processing Plant.
In the case, the lawmaker challenged the re-advertisement of the proposed completion of a fisheries plant by the State in Mombasa County, claiming that it is already completed and has been ready for operations.
The court further issued an order suspending any contracts issued, awarded and signed with a third party or parties pursuant to the tender No MMBE&MA/SDBE&F/31/2023-2024 for the proposed completion of Liwatoni fresh and frozen fish processing plant.
Justice Olga Sewe issued the orders pending hearing and determination of an application by Mr Omtatah.
Others sued
Apart from CS Joho, Mr Omtatah has sued principal secretaries in the State departments for Blue Economy and Fisheries, and Public Works, chief executive officer of Kenya Fishing Industries Corporation and Attorney-General (AG) Dorcas Oduor.
“The application be served forthwith on the respondents for further directions by the court on September 19,” said Justice Sewe who certified the case as urgent.
Justice Sewe, sitting in Mombasa, further ordered that responses to the application, if any, be filed within 14 days.
Mr Omtatah claims that the advertisement of the completed work is a scheme orchestrated to swindle money from taxpayers.
In his petition, Mr Omtatah wants a declaration that the plant was launched and tested and cannot be the subject of fresh procurement and award of contract.
The petitioner also wants a declaration that the plant, which is part of the Liwatoni Fisheries Complex, be leased, operationalised, commercialised and managed.
According to Mr Omtatah, on August 6, 2022, the plant was launched by former President Uhuru Kenyatta, complete with a test run marking 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 PS Blue Economy 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 tap 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 re-advertised the same under a different tender No MMBE&MA/SDBE&F/31/2023-2024,” says Mr Omtatah.
The petitioner says that on August 19, Cabinet Secretary Hassan Joho made pronouncements in Mombasa that a new contractor has been awarded the contract for the plant which was launched and tested.
“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 his application, 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.
