Murkomen Roped in Lucrative Tender Reserved for Chinese

Transport Cabinet Secretary Kipchumba Murkomen’s name has been dragged into a controversy sparked by a road tender advert that restricted bidding to Chinese firms only.  

The Kenya Urban Roads Authority (KURA) in an advert on February 6, 2024, invited bidders to express interests in the proposed Nairobi Intelligent Transport System (ITS) construction project and another one for the Junctions Improvement Project (Phase III).

However, KURA specified that the bidders must be Chinese citizens to qualify for the projects which sparked an uproar from some Kenyans.

In its statement copied to Transport CS Kipchumba Murkomen, the Architectural Association of Kenya (AAK) called for the immediate withdrawal of the tender invitation in the Nairobi Intelligent Transport System (ITS) Establishment and Junctions Improvement Project (Phase III).

AAK emphasized the importance of inclusivity and legality in procurement procedures and asserted that Kenyan-owned companies possess the requisite qualifications and must be allowed to participate.

“It is disconcerting that such exclusionary criterion can be given in a Kenyan procurement process 60 years post-independence and against the very values that the Kenyan Constitution upholds,” AAK said.

“This requirement limiting participation to Chinese nationals only raises serious questions about the adherence to fundamental principles outlined in the Public Procurement and Asset Disposal Act (PPADA) 2015, which states that for foreign bidders, 51% of the entity ownership should be by Kenyans.

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AAK Opposing Move by CS Murkomen

While citing the Public Procurement and Asset Disposal Regulations of 2020, AAK stressed that 75% of the employment opportunities must be reserved for Kenyans for works, consultancy services, and non-consultancy services.

As per AAK, Kenyan professionals should have at least twenty percent (20%) slots reserved form them at management level in such projects involving foreigners.

As such, the body concluded that the restriction of the tender to Chinese contradicts the requirement and could potentially hinder its fulfillment.

The regulations state that foreign tenderers must outline plans for connecting with local industries, with a requirement of sourcing at least 40% of inputs locally.

Additionally, 30% of the procurement budget must benefit disadvantaged groups as provided for in the regulations.

Furthermore, the AAK condemned the timing of the tender advert, which coincides with the registration of the Chinese Developers Association in Kenya (CDAK).

The professional body raised concerns that the entry of the Chinese entity would lead to unfair competition in the local construction industry.

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About Architectural Association of Kenya

Established in 1967, the AAK is Kenya’s apex association for professionals in the construction environment, and represents the interests of Architects, Town Planners, Quantity Surveyors, Engineers, Landscape Architects, Environmental Design Consultants, Construction Project Managers, and Interior Designers.

As an umbrella Association, AAK brings together professionals in national and county governments, private sector, and academia.

It also acts as a link between professionals and stakeholders in the wider construction industry, including policymakers, manufacturers, real estate developers, and financial institutions.