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Your Consortium Partner Could Cost You That Tender

The High Court has held that: “It is true that ADK Technologies Limited and Transnational Technologies Limited came together at some point for purposes of bidding for a tender floated by the 2nd interested party; but they came together as a consortium for that particular purpose and not as merger in which they would be deemed …

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CORPORATE & COMMERCIAL FALQS (Part 1): Business Vehicles Available For Registration In Kenya

What are the business vehicles available for registration in Kenya? Companies (private limited company, public limited company, foreign company, or company limited by guarantee as set up under the Companies Act, 2015) Business Names (can be a Sole Proprietorship or Partnership) The Partnership Act defines a partnership as meaning the relationship which exists between persons …

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Reflections on the new AG’s Tender ‘Transparency Rules’

According to the Business Daily on 1st March 2022, (see https://www.businessdailyafrica.com/bd/economy/state-to-reveal-names-homes-of-tender-tycoons-3732712) the State has published new regulations compelling all Procuring Entities to make public the details of the persons who win big tenders from the Government and its agencies. While this is a laudable move, please remember that this is not a novel requirement since …

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Installation of Underride Prevention Bars to Mitigate the Risk of Fatal Accidents – Part V

In the Introductory Segment of the Gerivia Advocates LLP Road Safety Series, we provided some background information and statistics on road safety in Kenya and proposed focus on heavy commercial vehicles as a starting point for this series. We also indicated that we will take a targeted approach, focusing initially on features to improve conspicuity …

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Sectional Properties Regulations, 2021: Salient Features

This is a follow up of the Highlights of the Sectional Properties Act, 2020 following the gazettement of the Sectional Properties Regulations, 2021 by the Cabinet Secretary for Lands and Physical Planning through Legal Notice No. 236 of 2021, dated 26th November 2021. 1. What is the objective of the Sectional Properties Regulations, 2021 (“the …

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Retro-Reflective Strips as a Simple Solution to a Big Problem – Visibility of Heavy Vehicles at Night

As mentioned before in our preceding segment and in a bid to highlight the problem even further, there is very little research on the causes of truck related RTAs in Kenya. This is partly due lack of research into these types of incidents and inadequate media focus on the causes of the accidents. Despite the …

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Financial Evaluation In Public Procurement In Kenya

Background Financial evaluation is usually the third and penultimate stage in the tender evaluation process. Third because you have crossed the hurdle of preliminary (mandatory) evaluation and technical evaluation. Penultimate because should you pass the financial evaluation stage and emerge as the lowest evaluated bidder and/or the bidder with the highest combined technical and financial score, …

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