Challenging a public procurement decision in Kenya
A supplier who believes a public procurement process was unlawful may have a right to seek administrative review. The statutory timelines are short, so early legal assessment is essential.
Identify the reviewable decision
The complaint should identify the procuring entity’s act or omission, the applicable tender requirement and the way the candidate or tenderer was affected.
Act within time
Procurement review deadlines are strict. Waiting for informal correspondence can jeopardise the right to seek relief.
Prepare the record
Preserve the tender document, bid, notifications, clarification correspondence and portal records. The remedy depends on proving both the breach and its effect.
Consider the available remedies
Depending on the circumstances, a review body may annul a decision, direct a lawful re-evaluation or make other appropriate orders. Further court proceedings require separate assessment.
This article provides general information, not legal advice for a particular matter.
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