High Court Dismisses EACC Application
The High Court has dismissed an application by the Ethics and Anti-Corruption Commission (EACC) seeking to block payment of Sh20.5 million to Drescoll Limited.
Justice Francis Olel ruled that the anti-graft agency had not met the legal threshold required to grant injunctive orders.
“I find that the EACC has not demonstrated or met the necessary pre-requisite conditions for granting the injunctive orders,” Justice Olel stated.
The application dated February 10, 2025 was dismissed.
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Tender for Marsabit Fire Engine
The dispute relates to a tender awarded by Marsabit County Government for the supply and delivery of a fire engine truck.
According to EACC, the procurement process began on April 2, 2019 through an open tender under the Department of Energy and Urban Development.
Two companies submitted bids:
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Drescoll Limited – Sh62 million
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Achelis Materials Handling Ltd – Sh29.3 million
The county awarded the tender to Drescoll Ltd.
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Alleged Irregularities Raised by EACC
EACC told the court it was investigating alleged irregularities in the tender process.
The agency claimed that Drescoll Ltd falsified award notifications from Godana Trading Ltd and Darfords Industries Ltd to support its experience record.
Investigators also alleged that evaluation committee members:
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Galmama Golicha
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Zainabu Hersi Ibrahim
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Sujo Ildhani
introduced additional evaluation criteria not included in the original tender documents.
EACC further argued that Achelis Materials Handling Ltd was wrongly disqualified over an alleged failure to submit a Sh1 million bid bond.
However, the bid bond had reportedly been issued by Commercial Bank of Africa (CBA) Ltd.
Price Discrepancy Claims
After receiving Local Purchase Order No. 3158493 on May 15, 2019, Drescoll Ltd imported the fire engine from Turkey.
Import records showed that Drescoll Ltd paid €98,200, equivalent to Sh11,334,833.20, plus additional charges and insurance of Sh341,856.62.
EACC argued that the fire engine was supplied at an inflated cost.
The agency maintained that its value did not exceed Sh29.1 million.
EACC also questioned the professional opinion given to the Chief Officer of Energy and Urban Development, claiming it relied on an expired contract.
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Court Declines to Halt Payment
Despite the allegations, Justice Francis Olel ruled that the commission had not satisfied the legal requirements for temporary injunctive relief.
As a result, the court declined to stop the Sh20.5 million payment to Drescoll Ltd while the main case awaits determination.
The substantive matter remains pending before the court.