Two firms fight to set up food outlet at JKIA
Two companies are fighting over the establishment and management of a multi-billion international brand fast food outlet at the Jomo Kenyatta International Airport (JKIA) Nairobi.
Hoggers Limited has opposed awarding of the tender to a company associated with businessman Kamlesh Pattni by the Public Procurement Administrative Review Board (PPARB) on December 18, 2014.
Hoggers Ltd had bagged the bid for development and management of the food outlet in May 2014 but Suzan General Trading JLT appealed against the move and the procurement board reversed its earlier decision.
In a case filed under a certificate of urgency by lawyer George Mbugua the company told vacation judge Justice Odunga that “the decision to nullify the tender is tainted with gross illegality.”
Mr Mbugua urged the judge to allow Hoggers to challenge the decision of the appeals board to award Suzan the tender to manage the outlet at the airport which is managed by the Kenya Airports Authority (KAA).
He said the board departed from its previous decision of May 6, 2014 by directing a re-evaluation which resulted the tender shifting to the rival firm.
“By nullifying the award of tender to the applicant (Hoggers) and awarding it to Suzan without pointing out where KAA failed to comply with the decision made on May 6, 2014 or contravened the tender document is unlawful, grossly unreasonable and irrational, amounts to introduction of extraneous considerations,” Mr Mbugua said.
The judge certified the case urgent and directed Mr Mbugua and Suzan to appear before him today to argue the issue of stay.