Two private companies have moved to court over the parking fee collection contract at Jomo Kenyatta International Airport (JKIA) worth over Sh2 billion, citing defiance of court orders by Kenya Airports Authority (KAA). The Standard Newspaper reports
In a legal dispute that has from 2019 moved from the Public Procurement Administrative Review Board (PPARB) to the High Court, Court of Appeal, and now back to the High Court, Mason Services Ltd and Qntra Technologies Ltd accuse KAA management of misinterpreting the Court of Appeal’s judgment to continue the contract with Kenya Airports Parking Services (KAPS).
On July 5, 2019, Court of Appeal Judges Gatembu Kairu, Francis Tuiyott and Jessie Lessit overturned a High Court judgment that was in favour of KAPS.
The three said Justice Pauline Nyamweya (now at the Court of Appeal) failed to deliver her judgment within the timelines set by the Public Procurement and Assets Disposal Act (PPDA).
“The impugned judgment cannot be allowed to stand. The order that presents itself to us to order is to allow the appeal, set aside the judgment of the High Court dated July 16, 2019,” the bench headed by Justice Kairu ordered.
At the same time, they directed that the PPARB judgment on the dispute was binding on the parties. Mason and Qntra, in their case before the commercial court, said the judgment by PPARB meant that KAA was to finalise the contract with them as the successful bidders after East Africa Ltd was disqualified.
The firms argued that KAPS has been illegally offering services at the airport despite KAA being severally notified about the court’s judgment.