JUDGMENT OF THE COURT
1. Although a substantial segment of the Standard Gauge Railway (SGR) project in Kenya is complete and operational, the manner in which it was procured continues to generate interest, perhaps on account of the magnitude of the investment in it. For instance, in a recent article published in the Daily Nation of 27th May 2020, Robert Shaw, wrote:
“The SGR was a government to government turnkey operation negotiated in the shroud of opaqueness and dumped upon the Kenyan population with the minimum of scrutiny. It’s no exaggeration to say it has so far cost twice what it should have and the quotes submitted were around half of what it has cost so far. Why the government went for a more expensive non-tendered option is an open question, which most Kenyans can easily hazard a guess at the answer.”
2. In the judgment the subject of this appeal delivered on 21st November 2014, the High Court (Lenaola, J. (as he then was)) declined an invitation by the appellants, Okiya Omtat…