Blow to Joho as court halts re-advertisement for Liwatoni project tender

The High Court has suspended re-advertisement of the tender for construction of Liwatoni Fresh and Frozen Fish Processing Plant.

Busia Senator Okiya Omtatah filed a lawsuit claiming that re-advertisement of the tender by the government is part of a fraudulent scheme that risks misusing taxpayers' money.

"A temporary injunction is hereby issued restraining the respondents, whether by themselves, servants, agents, assigns, and any person claiming to act under them from handing over the Liwatoni Fresh and Frozen Fish process plant, Mombasa county, to a new firm or contractor under Tender No. MMBE&MA/SDBE&F/31/2023-2024 for the proposed completion of Liwatoni Fresh and Frozen Fish Processing Plant," Justice Olga Sewe ordered.

The court order is a setback to Mining and Blue Economy Cabinet Secretary Hassan Joho who had opted to re-advertise the tender for works of the Liwatoni plant.

Omtatah named the Principal Secretaries for Blue Economy and Fisheries and Public Works, the Kenya Fishing Industries Corporation CEO and Attorney-General Dorcas Oduor as respondents.
The senator sought a temporary injunction, arguing that the government's decision is not only premature but misuse of public funds.

"The petitioner reasonably suspects that the re-advertisement of the completed project is a scheme to hoodwink Kenyans and steal colossal amounts of public money contrary to the express provisions of Articles 10, 47, 73, 75, 201(d) & (e), and 232 of the Constitution," reads the court papers.

Omtatah’s concerns stem from the belief that the Liwatoni plant, which was officially launched by former President Uhuru Kenyatta in August 2022, is already operational and thus does not require further procurement processes or contract award.

He argues that the Liwatoni plant was effectively completed during a test run witnessed by President William Ruto in February 2023.

Despite this, a tender was advertised on February 13, 2023, for leasing, operationalising, commercialising, and managing the Liwatoni Fisheries Complex.

Omtatah contends that the tender was an indication of the plant being ready for operation.

He further claims that a subsequent tender advertisement in March 2023 for the plant’s completion was redundant and was challenged in court, leading to abandonment by Ceer Processing Limited.

The controversy persisted on August 19, 2023, when CS Joho announced that a new contractor had been awarded the contract.

Omtatah questions the legitimacy of the entire process, arguing that it is unconstitutional and void from the outset.

"Unless this court intervenes timeously to arrest the cascading act of outright corruption, the government will hand the project over to a new contractor, even though works have been completed," he says.

He wants the court to quash the tender and the responsible officials held accountable for alleged misuse of funds.

The Liwatoni Fresh and Frozen Fish Processing Plant is a crucial element of the broader Liwatoni Fisheries Complex, which aims to enhance fish processing capabilities and bolster the country's blue economy.

The complex is expected to significantly contribute to economic growth and job creation in Mombasa county, highlighting the importance of transparent and efficient management of the project.

Justice Sewe directed Joho, the PS, and AG to respond to the petition within 14 days.

The judge fixed mention of the case on September 19, 2024, for further directions.