In court papers filed by lawyer Moses Owour, the hospital claims Opticom supplied and installed an inferior brand of pedestrian scanning system, contrary to the specifications outlined in the contract and bid documents. The Sh51,142,436.73 tender was awarded to Opticom on 19 December 2022 for the supply and installation of the equipment.
According to the hospital, the contractual documents clearly defined the specifications, obligations, and dispute resolution mechanisms. The facility maintains that the equipment delivered was inadequate, unfit for its needs, and duly rejected. “Contrary to its obligations, the Petitioner/Respondent deliberately supplied and installed an inadequate variation of the agreed equipment, which is unfit for the Applicant’s use,” Mr Owour states in the filings.
The hospital says it exercised its contractual rights by notifying Opticom of the rejection, demanding replacements, and ultimately treating the contract as repudiated. Instead of rectifying the problem or triggering arbitration as stipulated, Opticom is accused of resorting to insolvency proceedings.
“The proceedings herein are therefore a malicious abuse of court and are intended to embarrass and frustrate the Applicant, which is merely exercising its contractual remedies by withholding the alleged debt,” the hospital’s pleadings read.
The facility further argues that the court is not the proper forum to determine whether the supplied equipment meets contractual standards. It maintains that the case has been brought “prematurely” and amounts to “overkill” and “an abuse of court process”.
The hospital warns that allowing the insolvency petition to proceed could cause financial and operational harm, potentially affecting vulnerable patients. It is therefore seeking an urgent stay of proceedings, a priority hearing during the court vacation, and an order striking out the petition altogether.
Justice Peter Mulwa has scheduled the matter for mention on 6 November for further directions.
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