A court battle over a Sh1.2 billion tender to remove asbestos roofing at the Kenya Ports Authority has landed in the Court of Appeal.
Wilfak Engineering Limited, the contractor who won the tender, has sued KPA, arguing that it failed to vary the contract to reflect the current prevailing market prices, as the Attorney General had recommended.
The two were initially before High Court Judge Francis Gikonyo, who declined to issue the orders.
Nevertheless, Wilfak's lawyer, Kibe Mungau, argued in the appeal papers, exclusively seen by The Standard, that the judge erred in not affirming a consent agreement between his client and KPA. "The learned Judge erred in failing to consider the import of public interest in removal of hazardous materials, namely asbestos roofing in the subject premises in determining the prudence of settling this matter in the manner proposed in the advisory of the Hon.
