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Peter Ayodo Omenda, Nicholus Karume Weke, Caleb Indiatsi Mbaye, Abraham Kipchirchir Saa, Michael Maingi Mbevi, Godwin Magae Mwawongo & Bruno Mugambi Linyuri v. Ethics & Anti-Corruption Commission, Director of Public Prosecution & Chief Magistrates Anti-Corruption Court

(2020) JELR 93689 (SC)

Supreme Court  •  Application 31 of 2019  •  30 Apr 2020  •  Kenya

Coram
David Kenani Maraga, Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala

Judgement

RULING OF THE COURT

A. INTRODUCTION

[1] The applicants were employees of the Geothermal Development Company Limited (GDC). On 4th July 2012, GDC advertised for Tender No. REF. GDC/HQS/086/2011-12 for provision of Rig Move Services for Menengai Geothermal Project (hereinafter referred to as “the Tender”) pursuant to the Public Procurement and Disposal Act 2005 and the Public Procurement and Disposal Regulations 2006 culminating into signing of a contract as prescribed in the said Act and Regulations. On 29th October, 2015 and 30th October, 2015, after the conclusion of the tendering process, the applicants, who were members of the Tender Committee of GDC, aver that they became aware through social media, electronic media and the Daily Press that the 1st Respondent had recommended to the 2nd Respondent that the applicants, who were members of the Tender Committee be charged in court over irregularities in the tender process. They were subsequently arraigned before the Court in Anti-Corrup…

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