The Court of Appeal has dismissed an application by Narok Senator Ledama Ole Kina seeking to suspend the procurement process for Tender No. NCG/OT/31/2023-2024.
The tender concerns the development of a county revenue collection and management system for Narok County.
In its ruling, the appellate court held that the threat of the impugned procurement process being completed no longer exists, or has at least become speculative and legally doubtful.
The respondents argued that the existence of current contracts did not bar the initiation of a new tender, emphasizing that the new system aimed to promote efficiency and serve the public interest.
They further clarified that the proposed system was intended to introduce an internal revenue collection module, targeting streams not covered by existing contractors.
The court noted that the fear that the appeal would be rendered nugatory if the procurement process proceeded was not grounded in the current legal or factual landscape.
It emphasized that the procedural reality — specifically the likely lapse of the tender due to the end of the financial year — diminishes the urgency and necessity of granting a stay order.
While acknowledging that Senator Ledama’s appeal raises arguable issues related to constitutional interpretation and the legality of the procurement process at its initiation, the court concluded that a stay was not warranted at this stage.
“For the foregoing reasons, the applicant’s application dated 21st November 2024 is hereby dismissed,” the ruling stated.
Senator Ledama had filed the application pending the hearing and determination of a case which challenges a High Court decision delivered by Justice Mwita on September 27, 2024.
The Senator contended that, without a stay, the procurement might proceed to an irreversible conclusion, possibly leading to the signing of an unlawful contract.
The Court of Appeal’s decision means the procurement process may proceed unless halted by subsequent legal interventions.
