Court of Appeal dismisses Senator Ledama's bid to halt Narok revenue system tender
While acknowledging that Senator Ole Kina'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.
The Court of Appeal has dismissed Narok Senator Ledama Ole Kina’s application to suspend the procurement process for the development of a county revenue collection and management system.
In its ruling, the court held that the threat of the impugned procurement process being completed no longer exists, or has at least become speculative and legally doubtful.
More To Read
- Court upholds Sh256 million seizure from Mozzartbet, declares funds proceeds of crime
- Moi Teaching and Referral Hospital loses bid to stop case challenging CEO appointment
- Court of Appeal to rule on DCJ Mwilu’s power to appoint judges in Gachagua case
- Court stops KEBS tender over alleged bias against local contractors
- Appeal court upholds acquittal of ex-PS Mangiti, 22 others in Sh47 million NYS scandal case
- Court of Appeal overturns ruling suspending Ruto’s university funding model
The respondents argued that the existence of current contracts did not bar the initiation of a new tender, emphasising 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 concern the appeal would become pointless if the procurement proceeded was unfounded, highlighting that the tender would likely lapse at the end of the financial year, reducing the urgency to grant a stay order.
While acknowledging that Senator Ole Kina'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 Ole Kina had filed the application pending the hearing and determination of Appeal No. E921 of 2024, which challenges a High Court decision delivered by Justice E.C. 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.
Top Stories Today
