Court halts KTDA fertiliser tender

The High Court in Kericho has temporarily stopped Kenya Tea Development Agency (Holdings) Limited (KTDA) from awarding the tender for the supply of fertiliser.

This is after the SLDR International Limited filed a constitutional petition challenging the tendering process, saying it was filled with irregularities.

SLDR has sought the court’s intervention to ensure proper legal scrutiny before the contract proceeds.

In a ruling delivered by Justice Joseph Sergon, the court issued a conservatory order restraining KTDA from proceeding with the award or supply of the tender for 99,875 metric tonnes of NPK 26:5:5 chemically compounded fertiliser for the year 2025.

This restriction applies both directly and indirectly through third parties, agents, or officers. The court certified the matter as urgent and scheduled an inter partes hearing for May 29, 2025.

“This court hereby issues a conservatory order restraining the respondent from awarding the subject tender to any bidder until the matter is heard and determined,” stated Justice Sergon.

The case, filed under a certificate of urgency, revolves around Constitutional Petition No. E004 of 2025.

Justice Sergon warned that any party served with the order who fails to comply may be cited for contempt of court, punishable by imprisonment for up to six months without the option of a fine.

KTDA, through its legal representatives, Lilan & Koech Associates, filed an urgent application seeking the immediate lifting of the conservatory orders that have stalled the procurement and delivery of fertiliser critical to over 600,000 smallholder tea farmers.

KTDA Advocate Enock Koech argued before the court that the procurement process for the fertiliser is time-sensitive and essential for the upcoming short rains season beginning in September 2025.

He stated that delays could jeopardise timely application within a narrow agronomic window, risking reduced tea yields and economic losses for farmers.

Koech emphasised that fertiliser manufacturing, shipping, and clearance are bound by strict timelines, and any disruption could have widespread negative impacts on tea factory operations, national export earnings, and Kenya’s competitiveness in the global tea market.

"The continued enforcement of the conservatory orders is causing procurement delays that could lead to bid withdrawals and increased costs. The balance of convenience lies in favour of lifting the orders to avert irreversible harm," he said.