Court suspends digital number plates tender

The High Court has suspended a tender awarded to a firm for the production of digital number plates pending hearing of a petition filed against the prisons department by activist Okiya Omtatah.

Mr Omtatah had faulted the government's decision, saying the deal will lead to loss of taxpayers’ money because there is machinery for the production of number plates that is lying idle at Kamiti Prison.

The petition filed last month had listed Interior Cabinet Secretary Fred Matiang’i, The Principal Secretary for Correctional Services, the Commissioner General, Kenya Prisons, the National Treasury and the Attorney General as respondents.

In court papers, the activist argued that between 2013 and 2015, the government spent more than Sh1 billion acquiring, commissioning and test running the fully serviceable equipment lying idle at Kamiti Prison.

The Principal Secretary for Correctional Services Ms Zeinab Hussein told the court that the modernised number plates that will be coming from the facility, will be tamper-proof and cost effective.

“Previous attempts to undertake the process have not been fully successful as the processes were subject to numerous litigations before the Public Procurement Administrative Review Board and the High Court, which stalled the process,” said Ms Hussein.

According to court documents, the project is also under the Jubilee government’s Big Four Agenda, to promote local manufacturing and create jobs.

But Mr Omtatah said the project will lead to loss of taxpayers’ money because there is machinery for the production of the number plates that is lying idle at Kamiti Prison.

He said the machines at Kamiti Prison have since been inspected by various government officials including by President Uhuru Kenyatta in 2017. In March 2019, the parliamentary committee on security also made a similar visit.

After the machines were commissioned, the court documents indicate, the trained prisons staff test produced 10,000 new generation number plates which are currently in use.

 “It makes no sense at all to abandon the already acquired, tested and commissioned machinery for the final production of the number plates, which is lying idle at Kamiti Prison, and procure an entire production plant whose installed capacity will never be utilized,” said Mr Omtatah.

According to him the, project is a waste of taxpayers’ money because number plate production plant requires raw materials that meet specific international standards and none can be sourced or is are available locally.

“The acquisition of the fully automated plant will lead to job loses as the prisoners who are currently deployed on the manual system will have nothing to do,” said Mr Omtatah.

He added that based on data, at entry level the automated number plate production plant would be required to produce over 800,000 blank number plates per month to break even.

“It is public knowledge that the annual vehicle registration in Kenya does not exceed 400,000 units. Thus, it is not commercially viable for Kenya to acquire a complete production plant,” said the petitioner.

He said the government’s decision smacks of outright corruption and fraud on the public by secretly abandoning the already procured equipment that is lying idle at Kamiti prison.

The petitioner wants court to annul and quash the tender and compel government to utilise the idle but serviceable equipment and materials already procured.

However, in response the Ms Hussein said the petition is abuse of court process and that the activist has made libelous allegations that are unsubstantiated.

“The petitioner resorts to name calling and sensational allegations against the respondents including accusing the respondents of ‘outright corruption’, ‘fraud of the public’, ‘acting fraudulently in the self-interest’ and ‘cascading fraud on the public’,” said Ms Hussein.

She urged court to reprimand the activist and direct him to amend the petition and withdraw the words.

She added that Mr Omtatah has only made general statements without any attempt of providing supporting statement.

“The petitioner has failed to cite any breach of the applicable law being the Public Procurement and Asset Disposal Act, 2015 (PPADA). This is because the Ministry has in all its subject processes complied with the applicable provisions of the Act,” said Ms Hussein.

She said should the court issue orders sought by the activist, the resultant consequences will be bringing to a halt the fight against rampant theft of number plates and illegal production of the fake plates.

The case will be mentioned on November 23.

Additional reporting by Wanjohi Githae.