The Ministry of Defence has suffered a major blow after the Court of Appeal dismissed its case challenging a Sh31.6 billion lucrative tender for the renovation of the Bomas International Convention Complex (BICC) in Nairobi.
In a ruling delivered on Friday, a three-judge bench comprising Justices Gatembu Kairu, Fred Ochieng, and Aggrey Muchelule declined to uphold the Defence Ministry's decision to terminate the award of the tender to Summa Turizm Yatirimciligi Anonim Sirketi, a Turkish firm.
The appellant judges however upheld a High Court decision that struck out the ministry's application after finding that it had filed its case late against the Turkish firm outside the 14-day window prescribed under Section 175(1) of the Public Procurement and Asset Disposal Act. "The learned Judge was right that the appellants' (the Ministry of Defence) action was time barred and the decision to strike out the same is sound in law and cannot be faulted," Justice Kairu led bench ruled.
The case stemmed from the government decision through the Ministry of Defence of November 2023 to award a Sh31.6 billion direct tender to the Turkish firm for the reconstruction of the state-of-the-art convention center in the city.
