The Kenya National Highways Authority (KeNHA) is facing a legal challenge over the award of a Sh3.013 billion contract for the upgrade of the Masara–Muhuru Bay Road, after advocate Anthony Ngatia filed a petition at the High Court seeking to halt the project.
In court papers, Ngatia alleges that the procurement process was irregular and violated constitutional requirements on transparency, accountability and fairness in public procurement.
He states that KeNHA awarded the contract to Lafey Construction Company Limited, despite Ricons General Services Co. Ltd having submitted a lower evaluated bid of about Sh2.777 billion. The petition claims the authority has not sufficiently explained the basis for selecting the higher-priced bidder.
Ngatia further alleges that the procurement process may have involved reliance on disputed documentation.
According to filings, a letter attributed to China Railway No. 5 Engineering Group Co. Ltd is said to state that documents submitted in the bid “were forged, unauthorised and did not originate” from the company, and that it has no business relationship with Lafey Construction Company Limited.
The petition also claims KeNHA failed to provide key procurement records, including evaluation reports, committee minutes, professional opinions and due diligence documents, despite requests for access. Ngatia argues this limited transparency and public scrutiny of the tender process.
He further challenges KeNHA’s decision to terminate the procurement process, arguing the authority may have already exhausted its legal mandate after the matter was referred to procurement oversight bodies.
Ngatia is seeking orders to nullify the tender award and suspend any expenditure on the project pending determination of the case.
KeNHA and the other parties named in the petition had not filed responses in court at the time of filing.
– By Esther Keshe
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