December 21, 2015
The Public Private Partnerships Petition Committee sets aside KPA Decision

Daly & Figgis, through George Muchiri a Partner in the Litigation & ADR Department and Samson Mac’Oduol an Associate in the Commercial Department, successfully argued for the setting aside of a decision rendered on 16th July 2015 by the Kenya Ports Authority (“KPA“). In the impugned decision, KPA had disqualified D&F’s Client’s Technical Bid in the Tender for the Selection of the Concessionaire for Phase 1 of the Second Container Terminal Port of Mombasa, Kenya.

D & F was representing one of the world’s foremost port developer and operator – The International Container Terminal Services Incorporated (“ICTSI“), before the Public Private Partnerships Petition Committee (“the Committee “). The Committee is a nascent statutory quasi-judicial body mandated to adjudicate over disputes arising from public-private partnership arrangements.

George Muchiri had also, at an interlocutory stage, successfully petitioned the High Court in Judicial Review proceedings to compel the Committee to review and reconsider its decision denying ICTSI access to information/documents in the possession of KPA.

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