The High Court has dismissed an application by Joymacx Enterprises, which was seeking to overturn a decision by the Public Procurement Administrative Review Board (PPARB) that nullified the award of a Ksh 47 million cleaning contract at Kenya Electricity Generating Company PLC (KenGen).
The ruling has raised serious concerns over procurement integrity at the state-owned electricity generator, with evidence suggesting that the tendering process was manipulated to favor a specific company.
Joymacx Enterprises had been awarded the lucrative cleaning contract despite failing to meet the mandatory, technical, and financial evaluation criteria.
Competitors who met all requirements and even quoted lower prices were unfairly disqualified, allowing Joymacx to take the deal. Investigations later revealed that Joymacx had previously won another cleaning contract at KenGen worth over Ksh 120 million just a few months earlier, further raising suspicions about favoritism in the procurement process.
Following complaints from other bidders, the PPARB reviewed the tendering process and found multiple irregularities. On December 13, 2024, the board canceled the contract, stating that KenGen’s procurement team had ignored legal requirements and awarded the tender to a non-compliant firm.
Instead of accepting the decision, Joymacx Enterprises went to the High Court, hoping to overturn PPARB’s ruling. However, the court has now upheld the board’s findings, making it clear that the procurement process was flawed and did not follow the law.
Justice J. Chigiti, who delivered the ruling, stated that KenGen’s procurement committee had introduced new criteria not included in the tender documents, leading to the unfair disqualification of other bidders.
The judge confirmed that Joymacx failed at every stage of the evaluation process but was still given the contract in clear violation of procurement laws.
The court ruled that KenGen’s actions breached Article 227 of the Constitution, which demands that public procurement processes be fair, transparent, and cost-effective.
As a result, KenGen has been ordered to redo the financial evaluation within 30 days, ensuring that only qualified bidders are considered.
This case has raised fresh concerns about corruption within KenGen’s procurement process, with critics questioning whether top officials will be held accountable.
Sources indicate that the individuals responsible for the flawed tendering process may not face any consequences, and some have allegedly been rewarded with promotions instead.
This has led to growing calls for the Ethics and Anti-Corruption Commission (EACC) to launch an independent investigation into possible corruption and abuse of office within KenGen.Industry experts warn that unless swift action is taken, taxpayers will continue to lose millions through fraudulent procurement deals.
Many argue that KenGen’s procurement system appears to be designed to benefit a select few rather than serving the interests of the public. If similar cases continue to go unpunished, the company risks further eroding public trust and damaging its credibility.
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