Omtatah Accuses CS Joho of Fraud in Liwatoni Plant Tender Dispute

Busia Senator Okiya Omtatah has initiated legal proceedings against Mining and Blue Economy CS Hassan Joho regarding the re-advertisement of works on the Liwatoni Fresh and Frozen Fish Processing Plant.

The Senator contends that the project is already complete and should not be subject to new procurement processes or contract awards. In a petition filed with the Mombasa High Court, Omtatah seeks a declaration that the plant which was launched and tested by former President Uhuru Kenyatta in August 2022 is ready for operations. He argues that the re-advertisement is a fraudulent scheme targeting taxpayers' money. The petition also names several other respondents including the Principal Secretaries for Blue Economy and Fisheries and Public Works, the CEO of the Kenya Fishing Industries Corporation, and Attorney-General Dorcas Oduor.

Omtatah's petition emphasizes that the plant's launch and test run signified the completion of that project component. He further notes that President William Ruto's visit to the facility in February 2023 reinforced the notion that the plant was operational. Despite this, a tender was advertised on February 13, 2023, seeking bids for leasing, operationalizing, commercializing, and managing the Liwatoni Fisheries Complex. Omtatah argues that this tender itself demonstrated the facility's readiness. However, in March 2023, another advertisement was issued for the proposed completion of the plant which Omtatah claims is unnecessary given the facility's prior launch and testing. He alleges that this tender was abandoned after being challenged in court.

Nevertheless, on August 19, 2023, Joho announced that a new contractor had been awarded the contract for the plant. The Senator is seeking several declarations from the court, including that Tender No MMBE&MA/SDBE&F/31/2023-2024 is fraudulent, unconstitutional, and void ab initio. He also requests an order to quash the tender and a declaration that the respondents should be surcharged to recover any funds spent on it. Additionally, Omtatah is pursuing a temporary order to prevent the respondents from awarding contracts under the tender until the petition is heard and determined.

The Liwatoni Fresh and Frozen Fish Processing Plant, a key component of the larger Liwatoni Fisheries Complex, is a significant project aimed at bolstering the country's blue economy. The complex is expected to enhance fish processing and export capabilities, contributing to economic growth and job creation in the coastal region. The controversy surrounding this project raises questions about the management and oversight of public funds. Omtatah's lawsuit extends beyond the specific tender, addressing broader implications for governance and anti-corruption efforts in Kenya. The Senator has consistently been a vocal critic of government actions and policies, often resorting to legal measures to hold public officials accountable.