Blow to State as court stops privatization of sugar factories

The order will remain in force until April 19 when the matter will be heard.

In Summary
  • Justice Chacha Mwita issued the order following an application filed by one Martin Nyongesa Baraza.
  • "An interim conservatory order is hereby granted halting the tendering process under the international tender notice No. MOALD/SDA/IT,"read the order.
Gravel.
Gravel.
Image: FILE

The High Court has issued orders suspending the government's decision to lease five public sugar factories to private companies.

Justice Chacha Mwita issued the order following an application filed by one Martin Nyongesa Baraza.

"An interim conservatory order is hereby granted halting the tendering process under the international tender notice No. MOALD/SDA/IT," read the order.

The order will remain in force until April 19 when the matter will be heard.

In the meantime, Nyongesa is to serve his papers on CS and PS Treasury, the State Department for Agriculture and the Attorney General.

Nyongesa told the court that the public ought to have been consulted in the decision-making process of deciding whether or not to lease public sector-owned sugar companies.

Agriculture CS Mithika Linturi posted an invitation tender on their website on January 16 asking prospective tenderers to bid for the leasing of the public sector-owned sugar companies.

The invitation to tender is set to expire on February 15.

Nyongesa told Mwita that the time limits given are unreasonably short and defeats the purpose of tendering, transparency, and fair process.

"No meaningful opportunity to comment on or contribute to the idea of the intended lease was accorded to the public," he said.

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