A petitioner, Ahmed Ibrahim, has moved to the High Court in Wajir seeking urgent orders to halt the implementation of six multimillion-shilling road and drainage tenders, alleging irregularities, conflict of interest, and breaches of procurement law.
Court Application
In a constitutional petition filed before the High Court’s Constitutional and Human Rights Division, Ibrahim is seeking conservatory orders to suspend the award and execution of contracts valued at approximately Ksh1.86 billion.
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He argues that the matter is urgent, warning that the procurement process is at an advanced stage and could result in the signing of contracts and release of public funds before the court determines the legality of the process.
Disputed Road Projects
The case revolves around Tender Nos. KURA/DEV/HQ/422/2025-2026 to KURA/DEV/HQ/427/2025-2026, covering urban road infrastructure and drainage works in Wajir County financed through government development funds.
Ibrahim contends that the procurement process failed to meet constitutional and statutory requirements of fairness, transparency, and competitiveness.
Allegations of Irregular Procurement
The petitioner claims officials at the Kenya Urban Roads Authority (KURA) did not properly evaluate bidders or verify company ownership and technical capacity.
He further alleges that some of the companies awarded the tenders shared common directors, addresses, and contact details, raising concerns of coordinated control and proxy bidding arrangements.
Claims of Conflict of Interest
At the centre of the petition is an allegation that a senior public official in Wajir County is the ultimate beneficial owner of some of the companies that secured the contracts through proxy arrangements linked to relatives and associates.
Ibrahim argues that this amounts to a conflict of interest and violates constitutional principles on leadership, integrity, and public financial management.
AGPO Concerns
The petition also raises concerns over the Access to Government Procurement Opportunities (AGPO) programme, alleging that two tenders reserved for women and youth were instead awarded to entities linked to politically connected individuals, undermining affirmative action objectives.
Access to Information Issue
Ibrahim further claims that KURA’s Director General failed to respond to a formal request for procurement records under the Access to Information Act, 2016.
He argues that the alleged withholding of documents such as evaluation reports, ownership records, and tender minutes raises concerns about transparency in the process.
Orders Sought
Ibrahim is asking the court to suspend all six tenders and halt any further implementation of the disputed procurement process.
He further seeks orders stopping the
signing, execution, or performance of any contracts arising from the tenders pending the determination of the petition.
The petitioner also wants the court to bar the release or disbursement of any public funds, including mobilisation payments, in relation to the projects.
Wajir petitioner is additionally seeking an order compelling the disclosure of all procurement records, including evaluation reports, tender opening minutes, and ownership documents relating to the awarded companies.
He further asks the court to declare the entire procurement process unconstitutional, null, and void for alleged violations of procurement and constitutional requirements.
In addition, Ibrahim is seeking a specific order of prohibition, stating:
“An order of PROHIBITION be issued directly restraining the 1st Respondent and Kenya Urban Roads Authority from executing any formal contract agreements, disbursing, or authorizing any public funds or mobilization allowances in respect of the impugned Wajir County Urban Road Tenders.”
Legal Basis
The petition relies on Articles 10, 27, 35, 47, 73, and 227 of the Constitution, which provide for national values, equality, access to information, fair administr