The Central Bank of Kenya has asked the High Court to strike out documents filed by activist Okiya Omtatah to challenge new currency tender issued to De La Rue.
According to CBK, the documents on the tender were illegally obtained as Mr Omtatah never participated in the tendering process, nor was his company involved.
Through lawyers Ochieng, Onyango, Kibet and Ohaga Advocates, the apex bank says that the seven documents attached to the petition filed this week were not obtained through the required legal avenue.
It also wants the court to lift the orders issued blocking it from continuing with the tender process until the case filed is heard and determined. CBK said the orders were as a result of the contested documents.
“The petitioner was not a participant and was not one of the entities pre-qualified for the tender invited to submit the tender or participate in the issued tender,” CBK argued.
“The tender documents annexed to the supporting affidavit are confidential documents that are protected by section 67 of the Public Procurement and Disposal Act and cannot be disclosed except by an order of this honorable court.”
At the same time, Attorney General Githu Muigai accused the activist of playing hot and cold as he had filed another suit in a bid to force CBK to print the new currencies.
The AG, in his reply, also sought to have the court dismiss Omtatah’s petition, arguing that none of the firms that lost the tender appeared in court to challenge the tender.
“It is in public record that the petitioner is litigating on the failure of the first respondent (CBK) to issue new currency notes. That it is the petitioner who now seeks to stop procurement process towards the printing of new currencies and notes, speaks of bad faith and an attempt to direct the procurement process,” the AG argued.
Pre-qualified
The new currency tender has been in the corridors of justice three times. The first case was filed by the activist seeking to stop the Government from using the current currency and be forced to print new ones.
The international tender was also dragged to court by De La Rue Kenya, which wanted the process stopped after it found out that it was not on the list of pre-qualified companies.
However, De la Rue withdrew the case. The fate of the new currency now lies with the court.
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