- The High Court has barred NairobiCity County Government from executing a multi billion shilling tender. The court extended orders that had stopped a multi-billion shilling tender from being awarded to Zoomlion Ghana Limited for the design and operation of an integrated solid waste management system.
Justice Moses Ado of the Commercial and Tax Division issued the ruling after hearing an application by petitioner Jeremy Kinyua Emilio.Consevertory orders that were issued on March 5,2026 remain in force pending the determination of a preliminary objection.
“The interim conservatory orders shall remain in force,” Justice Ado directed. The court ordered parties to file and aerve written submissions on the objection in seven days with the matter being scheduled for mention on April 27,2026, for the determination of a ruling date.
The petitioner, through his lawyer Henry Kurauka of Kurauka & Co. Advocates, successfully argued for the extension, citing gross violations of the Constitution and procurement laws.
“The 1st to 4th Respondents have grossly violated Article 227 of the Constitution, which mandates all state organs to contract through a system that is fair, equitable, transparent, competitive, and cost-effective,” Kurauka submitted. “This public resource is at risk of being wasted.”
It’s alleged that the tender process was secretive and opaque with no proper local or International advertisment furthermore local service providers who currently execute similar services in 17 sub founties were locked out threatening constructive termination of their contracts prior to the payment of owed dues.
“The Interested Party was the only tenderer, contrary to procurement rules,” Kurauka argued. “The tender documents indicated the amount in Kenya Shillings, but the award was changed to US Dollars, which is a fatal illegality.”
The petition names the Nairobi City County Government, its Chief Officer for Environment, the Director of Supply Chain Management, and the County Secretary as the 1st to 4th Respondents. The Hon. Attorney General, Controller of Budget, and the Ethics and Anti-Corruption Commission (EACC) are also respondents, with Zoomlion Ghana Limited cited as the Interested Party.
Court documents indicate that the petitioner is also suing in favor of safeguarding public funds, upholding the constitution and protecting public interest. “The Interested Party’s massive bank guarantee of Kshs 50 million without justification clearly confirms that the tender involves billions of Kenya shillings that may be lost,” reads part of the supporting affidavit.
The petition further alleges that the Hon. Attorney General, the Controller of Budget, and the Nairobi County Assembly, did not give their mandatory approval and that the tender unlawfully bound future county governments not yet in office.
The court has directed that all parties, including the Attorney General and EACC, comply with the timelines for filing responses and submissions. The case will be mentioned before Justice Moses Ado on April 27, 2026, for further directions and to set a ruling date on the preliminary objection.
