Facts tossed aside in furore over judges’ cars

It is time for sobriety to prevail over the judges’ new cars saga. While initial reports suggested that the Judiciary contravened State procurement regulations regarding purchase of vehicles for Government officials, it is now emerging there is more to the matter than meets the eye.

It is just possible that all the self-righteous noise is too much ado about nothing, and that behind it are hidden hands pursuing a personal agenda. So far, there is no evidence that the Judiciary breached any rules when it awarded a tender to a local firm to supply it with vehicles.

And as our sister paper, the Standard on Sunday reported yesterday, it appears that intense rivalry between dealers in new motor vehicles might be the source. Thus, before rushing to dismiss the explanations by the Judiciary and the Treasury, it is important to look at the facts and then draw conclusions.

First, there has never been a Government ban on acquisition of Mercedes Benz vehicles, or any other brand for that matter.

According to the State’s guidelines on procurement, it is only vehicles with engines above 2000cc that are restricted. This is because engines of higher capacity tend to be both fuel-thirsty and expensive to buy and maintain, thus draining the Exchequer of much needed funds.

Second, there is no requirement in law that  the various Government departments buy vehicles from only one dealer. If there were, then it would be grossly unfair as their needs are not necessarily uniform.

stiff competition

Such a policy would contradict procurement regulations that demand fair competition between various bidders for Government tenders. Kenya does not manufacture cars and so dealers in new motor vehicles have not had it easy; in addition to forex losses on purchases of vehicles and their spare parts from abroad, they  have faced stiff comptition from dealers in used vehicles.

It is thus not improbable that with the kind of cash the Judiciary was ready to spend, there was bitter rivalry among local dealers to win the tender, and  in the process some sour grapes might be desperately trying to soil the outcome.

Until it is proven that the Judiciary’s deal to buy a particular brand of vehicle breached the law, then throw ing mud at people simply for the sake of a few headlines is despicable and unfair.