Companies engaging in a new dispute with KAA regarding the airport parking contract
Two private companies, Mason Services Ltd and Qntra Technologies Ltd, are currently embroiled in a protracted legal battle with the Kenya Airports Authority (KAA) over a parking fee collection contract at Jomo Kenyatta International Airport (JKIA) worth over Sh2 billion.
The dispute, which has been ongoing since 2019, has navigated through various courts, including the Public Procurement Administrative Review Board (PPARB), High Court, Court of Appeal, and is now back before the High Court.
In 2019, the Court of Appeal overturned a High Court ruling favouring Kenya Airports Parking Services (KAPS), citing that the judge failed to deliver her judgment within the required timelines. The Court of Appeal's decision bound KAA to finalise the contract with Mason and Qntra, as they were considered the successful bidders after another company was disqualified.
However, as of July 2025, Mason and Qntra argue before the High Court (commercial division) that the KAA has misinterpreted the Court of Appeal’s judgment by continuing the contract with KAPS instead of awarding it to them. They claim that the Court of Appeal’s decision bound KAA to finalise the contract with them, as they were considered the successful bidders.
The firms are seeking to compel KAA to either cancel the contract with KAPS and award it to them, or to pay them the full contract value (Sh2.3 billion for the 10-year contract). They have also stated that they have already incurred Sh8.5 million in legal expenses.
The latest legal arguments focus on whether errors identified by the PPARB should have resulted in the disqualification of KAPS and the clarification of the powers of the PPARB to evaluate tender responsiveness.
The original bidders for the contract included Mason and Qntra, KAPS, Automatic Park Services Ltd, Atlancis Technologies, Paytech Ltd, Com Twenty One (joint venture with Servest Facilities Services Ltd), and Endeavour Africa Kenya Ltd (joint venture with East African Parking Ltd).
The court heard that other companies that initially bid for the contract included Automatic Park Services Ltd, Atlancis Technologies, Paytech Ltd, Com Twenty One joint venture with Servest Facilities Services Ltd, Endeavour Africa Kenya Ltd joint venture with East African Parking Ltd, and KAPS.
The firms claim that KAPS has been earning illegal and unlawful profits by violating the law, Constitution of Kenya, and the Review Board decision. If KAA had complied with the orders, Mason and Qntra would have earned Sh2.3 billion for the 10-year contract.
In its response at the Court of Appeal, KAPS argued that KAA evaluated and was satisfied that it was a citizen contractor and would be able to perform the contract. It argued that PPARB's verdict was irrational and illegal as it found that its bid was unresponsive and substituted its decision with that of the evaluation committee.
The glaring discrepancies between crucial documents filed before the board have raised questions on how it passed JKIA's tender committee while reviewing the documents. The firms claim that KAPS has been illegally offering services at the airport despite being notified about the court's judgment.
This ongoing dispute underscores the importance of adherence to procurement laws and the need for transparency in the awarding of public contracts. The outcome of this case could have significant implications for the future of public-private partnerships in Kenya.
- The firms, Mason Services and Qntra Technologies, are currently arguing in the High Court's commercial division that the Kenya Airports Authority (KAA) has misinterpreted the Court of Appeal's judgment, as they were the successful bidders in the contract worth over Sh2 billion for the management of parking fees at Jomo Kenyatta International Airport (JKIA).
- The most recent legal arguments revolve around the powers of the Public Procurement Administrative Review Board (PPARB) to evaluate tender responsiveness and clarify whether errors identified by the PPARB should have resulted in the disqualification of KAPS.
- The ongoing legal issues between Mason Services, Qntra Technologies, and KAA underscore the need for adherence to procurement laws and transparency in the awarding of public contracts in Kenya. The outcome of this case could have significant implications for the future of public-private partnerships in the industry, particularly in sectors like finance, politics, and health.
