Kisii County loses illegal tender awarding case against two petitioners

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David Majanja PHOTO/COURTESY

Two petitioners have won illegal awarding tender  case at Kisii High Court against the Kisii County Government.

Boniface Ongera Mangaa and Vincent Mose Gekone filed a petition on June 2018 contending that the County failed to release information pertaining to the construction of streets within Kisii town and that failure to release such information is unconstitutional and has occasioned the petitioners grave prejudice.

The petitioners further claimed that the County Failed to advertise and invite tenders for the construction of several streets within Kisii town in violation of the provisions of the Public Procurement and Disposal Act, 2005.

The Petitioners averred that they do not have information regarding the parties who won the tenders at the end of the tendering process.

They further stated that as the construction of the streets progressed, the companies involved in the construction failed to display sign posts to show who was responsible for the construction in violation of the Public Procurement Act.

Under article 35(1) the constitution of Kenya allows Citizens to access information from the state.

According to the Judgement delivered at Kisii High Court on 27th May 2019, The Kisii High court Judge David Majanja Ruled that Its The County Government’s duty not to only publish and publicize information regarding contracts it has entered into but also facilitate the Provision of such information to the petitioners and any other Citizens who seek it.

In order to enforce that right of access to information, Majanja ordered that the petitioners letter dated 28th May 2018 shall be deemed to be an application for information under the access to information Act 2016.

He further ordered the County Government of Kisii to deal with the request in accordance with the provisions of the access to information act 2016 without prejudice to the duty of the County Government of Kisii to provide the information required under section 5(e) of the act.

Majanja said there shall be no order as to costs.

The respondents to the case were The Kisii County Governor, CEC Roads and Public works, Chief Officer roads and public works, Kisii urban engineer, Kisii County head of procurement and the County government of Kisii respectively.

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