The High Court has temporarily stopped the government from awarding contracts related to the re-advertised works for the multi-million-shilling Liwatoni Fresh and Frozen Fish Processing Plant.

The court wants the Mining and Blue Economy Cabinet Secretary Hassan Joho and other state officials stopped from proceeding with the contract pending the determination of a case filed by Busia Senator Okiya Omtatah.

In the case before Justice Olga Sewe, the Principal Secretary for the State Department of Blue Economy and Fisheries, Betsy Njagi, is named as the first respondent, followed by her Public Works counterpart, the Kenya Fishing Industries Corporation CEO, and Joho himself. The Attorney General has also been listed as the fifth respondent.

The court order temporarily prevents Joho and the other respondents from transferring the Liwatoni Fish Processing Plant in Mombasa to a new contractor under Tender No. MMBE&MA/SDBE&F/31/2023-2024. This move followed Omtatah’s urgent application, where he sought to stop any further action on the plant until all issues surrounding the project were addressed.

“A temporary injunction is hereby issued restraining the respondents, whether by themselves, servants, agents, assigns, and any person claiming to act under them from handing over the Liwatoni Fresh and Frozen Fish Processing Plant, Mombasa County, to a new firm or contractor,” Justice Sewe ordered.

Mismanagement of public funds

Petitioner Omtatah in his key prayers is concerned about transparency and the potential mismanagement of public funds. He argues that the respondents should not be allowed to remove or tamper with any machinery or equipment installed at the Ultra-Modern Tuna Fish Hub, also located at the Liwatoni facility, which was completed and test-run in August 2022.

The senator is pushing for an interim order of mandamus, compelling the respondents to provide all necessary information concerning the various tenders associated with the project.

Referring to a public announcement by CS Joho on August 19, during a press briefing at the Kenya Maritime Authority (KMA) in Mombasa that “a new contractor had been awarded the contract to complete the Modular Fresh and Frozen Fish Processing Plant yet the facility was launched and test run in August 2022,” Omtatah in his view stated, “the application is extremely urgent.”

Omtatah says that on August 6, 2022, or thereabouts, the Modular Fresh and Frozen Fish Processing Plant was launched by former President Uhuru Kenyatta, complete with a test run, marking the completion of that component of the Liwatoni Fisheries Complex.

In February 2023, Omtatah stated the current President William Samoei Ruto visited the plant where he was taken around the facility and on February 13, under Tender No. MMBE&MA/SDBE&F/13/2023-2024, the Blue Economy and Fisheries PS, advertised a tender inviting bids from able and interested firms to lease, operationalize, commercialize, and manage the Liwatoni Fisheries Complex.

“ In the advertisement, the 1st Respondent described the project as one capable of providing fish storage and processing services and tapping into the increasing local and global market. Additionally, the successful candidate would be given a long-term lease,” the judge observed.

Ready for operations

He went on to state: “ This decision to advertise the Liwatoni Fisheries Complex for leasing, operations and management is proof that the facility was ready for operations. Later, in March 2024, under Tender No. MMBE&MA/SDBE&F/26/2023-2024 the 1st Respondent advertised for the ‘Proposed Completion of Liwatoni Fresh and Frozen Fish Processing Plant,’ yet the facility had been launched and test-run,” Omtatah stated in his papers presented before the Court.”

He further argued that the above tender was abandoned when it was challenged in Court by the Interested Party herein, but the skewed scheme continued when the 1st Respondent re-advertised the same ‘Proposed Completion of Liwatoni Fresh and Frozen Fish Processing Plant under a different Tender No. MMBE&MA/SDBE&F/31/2023-2024.

According to the Busia Senator, the advertisement of the work completed by the Interested Party is a scheme orchestrated by the respondents to swindle money from Kenyan taxpayers.

He cited that, in April 2022, under Tender No. MOALF&C/SDFA&BE/012/2021-2022, the Interested Party, Ceer Processing Limited, was contracted to develop an ultra-modern tuna fish hub at Liwatoni in Mombasa County whereby the scope of works was to: Design the ultra-modern tuna fish hub; Build a Modular Fresh and Frozen Fish Processing Plant. Build a 1000MT capacity modular cold storage facility, Build a 25MT per day tuna cooked loins and tuna canning plant.