Omtatah Seeks To Block KPA Equipment Tenders

By Suleiman Mbatiah

Senator Okiya Omtatah has moved to the High Court to stop two multimillion-shilling Kenya Ports Authority tenders, alleging they breach approved procurement plans and constitutional safeguards on public spending.

In a petition filed at the High Court in Malindi, Omtatah challenges separate tenders for 14 reachstackers and 15 forklift trucks issued by the Kenya Ports Authority.

He argues the authority unlawfully changed the procurement method from open tender to restricted tender, contrary to its published annual procurement plan for the 2025/2026 financial year.

“The respondents have unilaterally altered the procurement method from open tender to restricted tender in direct contravention of the approved procurement plan,” Omtatah states in the petition.

According to court documents, the approved plan provided for five reachstackers at an estimated cost of Sh80 million.

However, the disputed tender seeks 14 reachstackers, which Omtatah says exceeds both the approved quantity and the allocated budget.

“The impugned tender seeks to procure 14 reachstackers, a quantity that is 180 per cent in excess of what was planned and budgeted for,” he says.

On the forklift tender, Omtatah argues that most of the 15 units listed were not included in the approved procurement plan for the financial year.

He states that only one three-ton forklift aligns with both the description and procurement method set out in the published plan.

“The vast majority of the forklift trucks sought to be procured were never included in the approved procurement plan,” he says.

Omtatah contends that reachstackers and forklifts are standard port-handling equipment available from multiple manufacturers, and do not meet the legal threshold for restricted tendering.

“There is no basis for the 1st Respondent to claim that the statutory preconditions for restricted tendering are satisfied,” he says.

The petition cites alleged violations of Articles 10, 47, 201 and 227 of the Constitution, as well as provisions of the Public Procurement and Asset Disposal Act.

He is seeking orders to quash both tenders, prohibit the authority from awarding contracts under them, and compel fresh procurement through open tendering.

The suit names the Kenya Ports Authority, its managing director, the Public Procurement Regulatory Authority, the National Treasury and the Attorney General as respondents.