Production of digital number plates to continue, court rules

The High Court has ruled in favor of the government, dismissing two petitions filed by Busia Senator Okiya Omtatah challenging the introduction of new digital number plates for motor vehicles.

The decision allows the National Transport and Safety Authority (NTSA) to proceed with its plans on production and installation of the latest version of the motor vehicle's registration the second-generation number plates, despite objections raised by the senator.

Omtatah had moved to court to stop the rollout, arguing that the procurement process for the new plates was unconstitutional and wasteful.

"The procurement process for these plates is a waste of public resources," Omtatah stated.

He sought to have the tender for their production, awarded to M/S Chalbi Industries Limited, annulled, and he questioned the legality of charging motorists Sh 3,000 to replace their old plates.

In his petition, Omtatah contended that the government's decision to procure the new plates was not only a waste of public funds but also violated constitutional and legal requirements.

The senator called on the government to use existing equipment, which he claimed was sitting idle at Kamiti Prison, instead of spending millions on new procurement.

However, Justice Lawrence Mugambi disagreed with Omtatah’s arguments and ruled that the petitions lack merit.

The Judge emphasized that the senator had failed to exhaust all available avenues for dispute resolution before taking the matter to court, including lodging a complaint with the Public Procurement Regulatory Authority.
"In approaching this Court directly to challenge the procurement, the Petitioner failed to follow the proper procedures under the law," Justice Mugambi said.

he Petitioner did not lodge a complaint with the Public Procurement Authority, which is the first step in resolving such matters."

The court also noted that restricted tendering, the method used to award the contract to Chalbi Industries, was not inherently unlawful.

The court’s decision provides a significant legal victory for the government, which had defended the procurement process as necessary to upgrade the country’s vehicle registration system.

"The fact that direct procurement was used does not automatically make it unconstitutional," the judge stated.

"Bare allegations that the process was undertaken purely to avoid competition without any evidence does not suffice to make a finding of bad faith. In the instant case, the Petitioner merely makes allegation without substantiation," he added.