The Ministry of Defense lost a multi-million-dollar legal battle over the $245 million Bomas renovation tender. On Friday, the Court of Appeal dismissed its appeal, marking a significant victory for Summa Turizm Yatirimciligi Anonim Sirketi, the Turkish contractors. The three-judge bench ruled that the ministry’s appeal was time-barred and filed out of the statutory time limit. Justices Gatembu Kairu, Fred Ochieng, and Aggrey Muchelule upheld a previous High Court ruling to strike out the application.
The judges determined that the Ministry of Defense was unable to lodge its petition within the 14-day deadline in accordance with procurement law. The tender was initially awarded in November 2023 for designing and developing a modern convention center in Kenya. It was approved at a Cabinet meeting in August 2023 at Sagana State Lodge. However, nearly a year later, the ministry abruptly revoked the deal in October 2024. The court invalidated this revocation in favor of the Turkish contractor.
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Scope of Implementation on the Bomas Renovation Tender
The Bomas renovation tender aims to revolutionize the Bomas International Convention Complex (BICC) into a global standard complex. The project involves the design, construction, and equipping of the center. Proposed features include a presidential pavilion and conference facilities. Five luxury hotels are also expected to be part of the project’s implementation. The Turkish firm was selected through Direct Tender No. DHQINFRAS/004/23-24. Moreover, it agreed to provide up to 80 percent of the $245 million project funding.
After canceling the contract, the contractor proceeded to the Public Procurement Administrative Review Board with its case. The Board ruled in its favor, directing the award of the Bomas renovation tender. Furthermore, the court has since confirmed that decision. The decision paves the way for the revival of the project. The Ministry of Defence had conducted the procurement on behalf of the Ministry of Gender, Culture, the Arts and Heritage. However, despite delays, the project will resume under the original award. Furthermore, the Bomas renovation tender is expected to change the facility into a top-class regional venue.
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