Construction firm moves to court over BRT Line 5 tender

A BRT section of Thika Superhighway/FILE

CK Solutions Limited, a Korean multinational, through its local representation, Beyond Trading Limited, has moved to the High Court seeking urgent intervention to suspend the award and execution of the Bus Rapid Transit (BRT) project.

The firm, filing the petition under a certificate of urgency, raises concerns over the procurement process conducted by the Kenya Urban Roads Authority (KURA).

According to court documents, the firm challenges the legality, fairness, and constitutionality of Tender No. KURA/DEV/HQ/426/2024-2025 for the establishment of BRT Line 5, which is pending before the court.

The line comprises a 10.5km BRT route along Nairobi’s Outer Ring Road, featuring bridges, 13 stations, footbridges, drainage, street lighting, landscaping, and electro-mechanical works.

The court has allowed the company to file and serve its submissions, setting a mention date of January 27, 2026, for further directions.

In the urgent application, the construction firm argues that the absence of interim conservatory orders places it at risk of irreparable harm.

"That unless the Application filed herewith is certified as urgent and heard on a priority basis, the Respondents may proceed with the award and execution of the impugned tender, thereby rendering the Petition otiose and subjecting the Petitioner to substantial and irreversible prejudice," reads the application.

Without court intervention, the firm says KURA may proceed with the award of the BRT Line 5 contract to another party, which it argues would render the pending petition ineffective and deny it a fair review of the procurement process.

“The Petitioner states that, in the absence of conservatory orders pending the hearing and determination of the Petition, there is a risk that the 1st Respondent (accounting officer, KURA) may proceed to award the subject tender to a party other than the Petitioner, which would prejudice the Petitioner and render the pending petition nugatory,” the application reads in part.

The firm states that the BRT Line 5 project is of significant financial and reputational importance.

Any award of the tender prior to the court’s determination of the petition, it argues, would occasion losses, making urgent judicial intervention necessary to preserve the status quo.

Beyond Trading is seeking an order from the High Court to suspend all procurement proceedings and the execution of any contract related to the BRT Line 5 tender until the petition is fully determined.

The firm contends that this would safeguard its interests and ensure that the project’s award is conducted transparently and in accordance with the law.

It argues that the court’s intervention is necessary to prevent the tender process from being concluded before judicial review, which it says could undermine confidence in public procurement processes.

Parties are expected to file their responses and make submissions during the scheduled mention date.