Mr Omtatah argues that awarding the tender to Seco is untenable because it creates a conflict of interest.
He also wants an order issued to quash the award of the tender to Seco, which he has also sued as the second respondent.
Activist Okiya Omtatah has sued Kenya Ports Authority (KPA), challenging the awarding of a Sh2.6 billion tender for the first phase of construction of Shimoni Fish Port in Kwale County to Southern Engineering Company Ltd (Seco).
Mr Omtatah alleges conflict of interest because Seco were the consultants who conducted both bathymetric and geotechnical surveys of the project, effectively participating in preparation of bid documents and then bidding and winning in the tender.