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De La Rue in trouble for obtaining CBK tendering documents without consent

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Central Bank of Kenya has opened bids for the tender of printing after Petitioners accused CBK of unlawfully restricting process to foreign entities. The new currency will be printed in accordance with the 2010 constitution which prohibits images or portraits of individuals but instead bear images depicting aspects of Kenya.

The bid opening follows an application by De La Rue Security Printing firm and EPZ who had sought to stop CBK from opening the tender documents meant to take place on November 30th 2017, an issue that the high court dismissed.

De La Rue on the other hand has been disputed for holding tender documents yet the company never participated in the tendering process.  CBK says the company was not pre-qualified for the tender neither was it invited to submit or participate in the process yet it is in possession of the “confidential” document that will not be disclosed unless the Court gives a go-ahead. The firm has been asked to appear in court and justify how they obtained the documents.

CBK has asked the court to issue restraining orders for not approaching the courts “with clean hands” The printing company has also accused for not disclosing how it got hold of the documents and therefore CBK has asked the court to strike the documents out and consider them inadmissible.

Local procurement

The local companies accuse CBK for failing to consider local companies in the tender. De La Rue and EPZ have said that local production would protect the old notes that will be at risk if the production, storage and delivery is done outside the country.

The companies have also sited assured security as one of the reasons CBK should consider having the process done locally. If done otherwise, the companies accuse CBK of violation of mandatory requirements guiding the procurement.

De La Rue therefore asked the Court to suspend tendering to allow hearing of their case. High Court’s Judge Chacha Mwita however dismissed the application and gave a go ahead of the tendering process.

 

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Melissa Daniels
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