NAIROBI, Kenya, Sep 12 – Prime Minister Raila Odinga on Wednesday said the Cabinet will give its stand on the Sh56 billion Greenfield Terminal tender when it meets on Thursday.
Odinga was delivering a ministerial statement sought by Yatta MP Charles Kilonzo who wanted the premier’s assurance that government officials will not be victimised for appearing before parliamentary committees.
“There are certain ways in which the Cabinet deals with issues emanating from various ministries. This matter is with the Infrastructure subcommittee of the Cabinet… it has investigated this matter and it is going to report to the Cabinet tomorrow (Thursday),” said Odinga.
He said MPs had acted prematurely in their inquest into the tendering and the questions regarding the purported cancellation of the tender, which has been overturned by the Public Procurement Oversight Authority (PPOA).
The PM’s remarks came barely hours after the joint parliamentary committee on Budget, Transport and Finance that has been looking into the matter, submitted its report to the House.
“The House acted prematurely because it started investigations into a matter on which the Executive had not taken any decision,” said the Prime Minister.
Odinga also directed that the Kenya Airports Authority Managing Director Stephen Gichuki should not be harassed; after the KAA board of directors sent the MD on compulsory leave, just because he appeared before Parliament.
“It was wrong for the KAA CEO to be victimised over an issue which had not been concluded with the Cabinet, that’s why I have given instructions that he should not be touched,” said Odinga.
Meanwhile, the Kenya Airports Authority has gone to court to challenge the decision by the Public Procurement Administrative Review Board to execute the contract for the construction of the Greenfield passenger Terminal complex to a Chinese company.
KAA under a certificate of urgency is complaining that the award of tender to Anhui Construction Engineering Limited in joint venture with China Aero Technology International Engineering Corporation is irrational and unreasonable and is incapable of being enforced.
According to the authority, the decision by the board is contrary to public policy as it purports to order specific performance which is contrary to the constitution.
The KAA procurement board contends cannot unilaterally and without consultation with the government enter into an agreement for the colossal sum of approximately Sh65 billion without consensus and or approval from the government.
“The respondent cannot unilaterally and without consultation with the government enter into an agreement for a contract worth said such amount without consensus and approval from the government” it states in the suit papers.
Through Ezekiel Mutua and Company Advocates, judge George Odunga heard that “the decision dated August 29 should be suspended because it is illegal by virtue of the fact it orders specifics performance. ”
The case will be heard again on September 18 when all parties make their arguments.
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