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MPs now enjoined in suit against county

NYANZA
By Maureen Odiwuor | March 11th 2014

By Maureen Odiwuor

Kisumu, Kenya: Three MPs have been enjoined in a case where Kisumu County government was sued over a Sh18 billion Solid Waste Management tender.

Allowing the legislators, Justice Aggrey Muchelule said the matter was of public interest, adding that they can participate as interested parties, so long as their intention is not to drag the case. The MPs — Fred Outa (Nyando), Aduma Owuor (Nyakach) and Olago Aluoch (Kisumu West) — are to file their response to the case and serve all parties before next Tuesday.

Six Members of the County Assembly were also enjoined as interested parties after Lawyer Kennedy Okong’o filed an application on the matter.

The MCAs are: Edwin Anayo, Priscah Auma, Yona Miana, Jane Omolo, Aslam Khan and Malin Odero.  Kisumu Waste Management Association is also enjoined.

In the matter before the High Court in Kisumu, businessman Erick Okeyo is accusing the county government of allegedly awarding a tender of Sh1.2 billion per year for 15 years to a foreign company — Madam R Enterprises.

Okeyo, who is the petitioner, through his lawyer Charles Njuguna, moved to court on grounds that the award contravenes his constitutional rights and that of other residents.

Njuguna asked the court to compel the county government to provide the petitioner with proof that the tenders were properly advertised, evaluated and awarded.

Ability questioned

“Pending hearing and determination of this petition, the respondents are ordered to provide the petitioner and file in court certified copies of the advertisements for invitation of tender, tenders delivered, evaluation report of the same, and letters of regret to unsuccessful bidders,” he said.

Okeyo also wants the court to order that the German company produces technical and financial capability to perform the contract. He also claimed that he has ascertained that the beneficiary of the tender is a sole proprietor therefore questioning the firm’s ability.

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