The Court of Appeal has ruled in favor of Activist Okiya Omtatah’s petition that sought to declare the whole project as an illegal dealing.
Deciding on the matter, a three-judge jury found Omtatah’s concerns to be substantiated saying the government had disregarded the guidelines supposed to be observed in procurement.
“We set aside that part of the judgment of the High Court holding that the procurement of the SGR was exempt from the provisions of the Public Procurement and Disposal Act, 2005 by reason of Section 6(1) thereof,” the bench ruled.
The blame has been directed to the Kenya Railways Corporation which is said to have gone against the provisions in the Constitution that touch on procurement.
“We substitute therefore an order declaring that Kenya Railways Corporation, as the procuring entity, failed to comply with, and violated provisions of Article 227 (1) of the Constitution and Sections 6 (1) and 29, of the Public Procurement and Disposal Act, 59 2005 in the procurement of the SGR project,” a part of the ruling read.
Omtatah throughout his argument thought the project was a worthless course it being overquoted notwithstanding.
According to the activist, the project’s design and supervision of the construction services amounting to $110 million (to Sh11 billion) were duplicated, hence a loss to the public.
In its defense, the government vouching for the project maintained that there was no basis for the claim, adding that the project is of benefit to Kenyans.
Since its advent in 2017, the SGR, according to the state, has ferried more than two million passengers and an average of 30 freight and four passenger trains.