Bernice Mbugua @BerniceMuhindi
Central Bank of Kenya and De La Rue Limited have separately moved to court to challenge the decision of Public Procurement Administrative Review Board to declare tender issued to the latter to print and supply the new-design currency unlawful. The two want the decision suspended pending hearing and determination of their suits.
CBK argues that, in making the decision, the board acted beyond its legal powers by allowing a request for review that was filed out of the statutory period of 14 days. CBK argues that the tenders were evaluated and on November 30, 2017 and issued a notification letter to Crane Currency informing them that their bid was not successful and that the tender was awarded to De La Rue International Limited.
However, on December 19, 2017, Crane requested for review of the tender at the Public Procurement Administrative Review Board challenging CBK decision to award the tender to De La Rue.
Upon hearing of the said request the board on January 8 rendered its judgment and allowed the request for review of the tender and annulled and set aside CBK decision awarding the tender to De La Rue Limited which was against the law.
De La Rue on its part claims that the review board made a decision without regard to several relevant matters that were brought to its attention and as a result, it arrived at a wrong and an unreasonable decision.
Through its group commercial Legal Director, Douglas Robert William Denham the currency printing firm claims that the board does not have jurisdiction to hear and determine the request of Review filled out of time by a party that was not a bidder. “The respondent’s decision is erroneous and unlawful.
It is based on a misapprehension on the relevant law,” said Denham in court documents. De La Rue through lawyer Fredrick Ngatia claims that the board’s direction to CBK to the effect that the re-evaluation is to be undertaken without regard to preference and reservation is unlawful and unreasonable.
De La Rue claims the board does not have jurisdiction to hear and determine the request of Review filled out of time by a party that was not a bidder. “The board’s decision is irrational and is based on numerous errors of precedent fact,” said Denham.
The case has been filed against Public Procurement Administrative Review Board, Crane AB, De La Rue International Limited, De La Rue Currency and Security print Limited and De La Rue EPZ LTD.