Jambopay, the trading name for Webtribe Limited has successful sued Nairobi Water and Sewerage Company (NWSC) over stalled procurement process that stalled in 2018.
In 2018, Jambopay’s proposal was found responsive to provide the water agency with payment integration platform and digital banking channels to enable it efficiently process the firm’s payments.
While giving the orders on 14th May 2020, Justice Mativo stated, “…I find that the applicant’s application is merited. It follows that there is basis for the court to grant the orders of Mandamus as prayed. Accordingly, I allow the application dated November 20, 2019 and order that Nairobi Water proceed and complete the procurement process in respect of the tender.”
In the suit, Webtribe was listed as the ex-parte applicant, Nairobi Water the respondent and Public Procurement Administrative Board the interested party.
And Judge Mativo, in his determination, said that the effect of the respondent’s refusal to award the tender to the applicant is that it has simply disobeyed court orders.
This is after an application by Nairobi Water seeking to quash a decision and prohibition order against the Procurement Review Board was dismissed by the High Court on August 8, 2019, in effect staying the decision of the Board on December 25, 2018.
NWSC had ignored the court order forcing Webtribe to go to court. The water supplier has argued that their cancellation of the tender award was due to that ‘it did not satisfy provisions of the law”.
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