By Brian Kiprono - Reporter
Kenya, January 22, 2026 - A Nairobi-based construction firm has asked the High Court to urgently halt the awarding of a multi-billion-shilling Bus Rapid Transit (BRT) project, warning that the deal could be signed before judges rule on the legality of the procurement process.
CK Solutions Limited, a Korean multinational operating in Kenya through Beyond Trading Limited, has filed an application at the Milimani Law Courts seeking conservatory orders against the Kenya Urban Roads Authority (KURA). The firm wants the court to suspend all procurement steps linked to Tender No. KURA/DEV/HQ/426/2024–2025, which covers the proposed BRT Line 5 project.
Through its lawyer, Eric Kinaro, the firm argues that without urgent court intervention, KURA could award and begin implementing the contract, potentially causing financial loss and reputational damage that cannot be reversed.
Court documents show that Beyond Trading lodged an amended constitutional petition in June 2025, challenging the fairness and transparency of the tender. The petition alleges breaches of the Constitution and the Public Procurement and Asset Disposal Act, and also names the Public Procurement Administrative Review Board as a respondent.
The firm had earlier sought to freeze the process, but the court declined to issue interim orders and instead directed all parties to fast-track the case. While responses were filed, the petitioner says progress was slowed by procedural setbacks, including missed timelines by its former lawyers. New advocates later secured more time, with submissions eventually filed in November 2025.
Despite the case still pending, the firm claims KURA has continued with the procurement, raising fears that the tender could be awarded to another party before the court reaches a decision.
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The applicant argues that proceeding with the award would undermine Article 227 of the Constitution, which requires public procurement to be fair, equitable, transparent and competitive. It adds that financial compensation would not adequately address the loss of a legitimate business opportunity.
“The public interest lies in preserving the status quo,” the firm says, noting that a temporary freeze would not prejudice KURA, which could resume the process lawfully if the petition fails.
The case will be mentioned on January 27, 2026, before Justice Chacha Mwita, as the firm presses for urgent orders to ensure the dispute is heard before the project moves forward.
