On March 18, 2021 High Court judge Jairus Ngaah nullified a Kenya Airports Authority (KAA) tender, whose victors were ground handling services firms, Tradewinds Aviation Services and Umbato Safaris Ltd.
The tender was for provision of meet-and-assist services at the Jomo Kenyatta International Airport (JKIA). This service involves helping travelers with flight check-in, baggage claims, passing security checks and virtually any assistance that one may need in an aerodrome.
In the bungled tender, Tradewinds Aviation Services had bid Sh4 million for lot two of the tender, while Umbato Safaris’ Sh2 million bid was enough to bag the KAA evaluation committee’s green light.
Keen to avoid another tender being quashed, KAA in April, 2024 switched from open tendering which would have been advertised to invite any interested bidder under the sun, and instead opted for restricted tendering.
In restricted tendering, the procuring entity narrows down on a specific list of suppliers it believes can deliver, and then invites them to bid for the contract.
Three bidders responded to KAA’s silent call for bidders – Tradewinds Aviation Services, TAV Africa in a consortium with TAV Isletme Hizmetleri and Willis Protocol and Concierge Services.
Security checks at the entrance of the Jomo Kenyatta International Airport in Nairobi.
Photo credit: File | Nation Media Group
Tradewinds Aviation Services, which had provided the same service at JKIA for 10 years, failed to submit recommendation letters from three meet-and-assist clients, which led to the technical evaluation team’s decision to knock the firm out of contention.
The PPARB dismissed the appeal by Tradewinds Aviation Services, and directed that the tendering process continue to a logical conclusion.
After evaluation, Willis Protocol and Concierge Services was declared the winner as its bid guaranteed KAA Sh12 million each year, double the amount quoted in TAV Africa’s bid.
Yet, KAA still entered into contracts with Tradewinds Aviation Services and Umbato Safaris Ltd, according to court papers challenging the aerodromes regulator’s move.
Fredrick Mulaa, who describes himself as a Nairobi resident in court papers, has sued to cancel the contracts, arguing that the contracts awarded to Tradewinds Aviation Services and Umbato Safaris violate articles 10 and 73 of the Constitution – which demand that all leaders and public institutions obey the rule of law.
In this case, Mr Mulaa holds that KAA and its acting CEO Mohamud Gedi have violated procurement laws. He has sued KAA, Mr Gedi, Tradewinds Aviation Services and Umbato Safaris.
The Ethics and Anti-Corruption Commission (EACC) has been listed as an interested party in the case.
Travelers at Jomo Kenyatta International Airport in Nairobi.
Photo credit: Wilfred Nyangaresi | Nation Media Group
“Despite the nullification of the tender and disqualification of the 3rd (Tradewinds) and 4th (Umbato) respondents to offer the meet and assist service as described above, the 1st respondent (KAA) still went ahead and entered into contracts which are ongoing with the 3rd and 4th respondents to offer the meet and assist service at JKIA,” Mr Mulaa says in court papers.
KAA wrote a letter of intention to enter into a contract for meet-and-assist services at JKIA to Tradewinds Aviation Services on June 16, 2025 – a year after Willis Protocol and Concierge Services was declared the winning bidder.
In the letter, KAA states that the contract will run for five years and three months.
While acting CEO Mr Gedi is listed as the second respondent, the letter notifying Tradewinds of the intention to enter into a contract, which is filed in court, was signed by his predecessor, Nicholas Bodo. The case comes up for hearing at the Anti-Corruption Court in Milimani on December 18.
