A Kenyan activist, Francis Awino, has filed a petition with the High Court seeking an independent investigation into a Kenya Power tender. The tender, numbered KP1/9A.2/OT/001/PJT/25-26, involved the provision of labour and transport construction services for vegetation management. Awino's petition raises questions over the procurement process and whether it complied with legal and constitutional requirements. The petition follows an earlier challenge to the tender before the Public Procurement Administrative Review Board (PPARB) by Panthers Power Technologies Limited.
The tender attracted 346 submissions, with 20 later withdrawn. Following evaluations, the Evaluation Committee recommended 91 bidders for contracts, comprising nine regional awards and 82 Distribution Area awards. Awino argues that the scale of the procurement and its connection to Kenya Power, a public-interest electricity utility, makes the matter one of significant public concern. He is seeking an independent examination of the procurement process by relevant oversight agencies.
The petition raises several issues, including the validity period of the tender. Kenya Power informed the PPARB that the tender had a validity period of 180 days, affected by earlier proceedings. Awino wants investigators to establish when the original validity period commenced, when it was due to expire, whether it was extended, and how bidders were notified. He is also seeking records of emails, text messages, and other electronic communications allegedly used to communicate any extensions to bidders.
The petition also questions changes to the tender-opening date. According to documents cited in the petition, the deadline was changed before the tender was eventually opened on December 10, 2025, after an earlier date of December 3. Awino wants investigators to establish whether the changes were properly authorised and whether all bidders were notified through the prescribed channels. Furthermore, the petition raises questions over the regulatory licences held by companies recommended for contracts.
The petition refers to an allegation made before the PPARB that some successful bidders did not hold the required Energy and Petroleum Regulatory Authority (EPRA) Class B licences at the relevant time. Awino is asking the relevant authorities to establish whether the successful bidders met all licensing requirements when they were evaluated and recommended for award. The petition also raises questions about possible common ownership or control involving some of the companies recommended for contracts.
Awino stresses that he is not asking the court to treat the allegations as established facts. Instead, he wants the relevant authorities to investigate whether the companies were under common ownership or control, whether such relationships were disclosed, and whether they were considered during the evaluation process. The petition also questions the use of a Cost Handbook in the financial evaluation of the bids. Awino wants investigators to establish when the handbook was published, when it became available to bidders, and how the benchmark was applied in evaluating the financial bids.
The petitioner is asking the court to order Kenya Power and other relevant parties to preserve all documents and electronic records relating to the procurement. The records sought include emails, text messages, tender-opening records, evaluation documents, committee minutes, and conflict-of-interest disclosures. Awino argues that transparency in public procurement is a constitutional requirement under Article 227 of the Constitution.
Key points
- The activist, Francis Awino, has filed a petition with the High Court seeking an independent investigation into a Kenya Power tender.
- The petition raises questions over the procurement process, including the validity period of the tender, changes to the tender-opening date, and regulatory licences held by successful bidders.
- Awino is seeking an independent examination of the procurement process by relevant oversight agencies to ensure compliance with legal and constitutional requirements.
