Turkish Firm Summa Wins Sh31.6B Bomas Renovation Tender

Turkish construction firm Summa Turizm Yatirimciligi Anonim Sirketi has finally received the green light to proceed with the construction of the Bomas International Convention Complex in Nairobi, after months of legal wrangling and uncertainty.

This follows the Court of Appeal’s dismissal on Friday of the Ministry of Defence’s last-ditch attempt to cancel the Sh31.6 billion tender, ruling that the appeal was filed too late to be legally admissible.

“The learned Judge was right that the appellants—the Ministry of Defence—acted too late, and the decision to strike it out is sound in law and cannot be faulted,” stated the three-judge bench comprising Justices Gatembu Kairu, Fred Ochieng, and Aggrey Muchelule.

The Bomas International Convention Complex, approved by Cabinet on August 8, 2023, is envisioned as a world-class facility.

The proposed design includes a high-capacity conference centre, a presidential pavilion, and at least five luxury hotels to support large-scale international events, summits, and state functions. The goal is to elevate Nairobi’s position as a premier destination for international conferences.

Summa Turizm was awarded the tender through Direct Tender No. DHQINFRAS/004/23-24 in November 2023. Months later, despite notifying the Ministry that it had secured up to 80 percent of the required project financing, the State moved to terminate the tender on October 16, 2024—329 days after the award and without ever signing a formal contract.

The Public Procurement Administrative Review Board (PPARB) stepped in on December 23, 2024, ordering the Ministry to conclude the tender within 90 days.

The Board said the Ministry had failed to prove lack of funds or legitimate justification for the cancellation, noting instead that “the general conduct of the ministry spoke of a deliberate attempt to frustrate the conclusion of the tender.”

The Ministry’s attempt to reverse the Board’s decision through the High Court was dismissed by Justice John Chigiti, who ruled the application was filed eight days late, beyond the 14-day legal window.

In its final argument, the Ministry claimed the delay was caused by the Christmas court recess. However, the Court of Appeal rejected this, stressing that timelines under procurement law are “cast in stone” to ensure integrity and efficiency in public projects.

“Order 50 Rule 4 is subordinate legislation and cannot override express statutory provisions,” the court held.

The court’s decision ends the protracted dispute, allowing construction to begin and strengthening Kenya’s ambitions to become a leading destination for international conferences and summits.