By Isaiah Lucheli
Nairobi, Kenya: Road contractors and engineers in the country have moved to court seeking to block the Government from awarding contracts funded by taxpayers to foreign firms.
In a petition filed by the Roads and Civil Engineering Contractors Association (RACECA), the contractors have accused the Ministry of Roads and Finance of flouting the Constitution in a new guideline released on the awarding of tenders.
They accused the Government of setting a Sh500 million threshhold for contracts to be awarded exclusively to local and citizen contractors whereas they had the capacity of handling jobs exceeding Sh5 billion.
“The threshhold is not reflective of the Kenyan economy, inflation and the fact that citizen contractors have capacities and capabilities to execute projects that are well beyond the sum of Sh5 billion,” they submitted.
The petitioners noted that the regulations do not meet the requirement of ensuring procurement of goods and services by public entities was fair, equitable and competitive and enhances local capacity building as envisaged in the Constitution.
Bar government
The RECECA is seeking the court to bar the Government from awarding the contracts to foreigners until the thresh hold is reviewed as it contravenes the Constitution.
In a sworn affidavit signed by RECECA treasurer Paramjit Singh, they submitted that the Constitution guarantees every person a right to an administrative action that is expeditious, reasonable, efficient, and procedurally fair and the action by the Government was in breach of the provision.
The contractors added that the Ministry of Roads had enacted the threshhold without holding consultation with the organisation and attempts to have the amount stipulated reviewed through meetings had failed to yield fruit.
The organisation has also sued the Kenya National Highways Authority, Kenya Urban Roads Authority, Kenya Rural Roads Authority and the Attorney General.
