The High Court in Malindi has temporarily stopped the Kilifi County Government from proceeding with the tender process for a comprehensive medical insurance cover for its employees, following a petition that cited discrimination and lack of transparency.
The petition, filed under a certificate of urgency by Dishan Joel Mwanyumba and Edward Aranga, argued that the ongoing tender process was structured in a way that unfairly locked out potential bidders, undermining the principles of fairness and competitiveness. The duo, represented by lawyer Omayo Aranga, claimed that the process was skewed to favour a predetermined company.
Justice Reuben Nyakundi issued conservatory orders restraining Kilifi County’s accounting officers from receiving, evaluating, or processing any further bids related to the medical insurance tender. The order remains in place pending the full hearing and determination of the petition.
“That pending the hearing and determination of the petition, this Honourable Court be and is hereby pleased to issue a conservatory order restraining the 1st respondent’s accounting officers from receiving, assessing, considering, evaluating, and processing bids and tender documents in respect to the tender for the provision of comprehensive medical insurance services for the staff of the County Government of Kilifi in its current form,” read part of the court ruling.
The petitioners took issue with a key requirement in the tender documents, which demanded that all interested firms must provide proof of having handled an annual medical gross premium of at least Ksh.2 billion in the 2023 financial year. They argued that such a threshold was restrictive and deliberately designed to exclude many capable firms, thus limiting competition and compromising the integrity of the procurement process.
With the tender valued at over Ksh.500 million, the case raises significant concerns about accountability and fairness in county procurement practices. The court’s intervention is seen as a critical step in ensuring adherence to public procurement laws and preventing the misuse of public funds.
The case is expected to proceed to a full hearing where the petitioners hope the court will nullify the current tender and compel the county to initiate a more inclusive process.
