Your team attended the tender opening. As the bids were read out, you gladly discovered that your bid of Kshs. 105,600,000 was the lowest. You place the champagne on ice and take the team out for an extended lunch. Great job team! You bellow in between juicy ribs. You dish out generous bytes of leadership, …
Time to Discard Preliminary Evaluation? – A Call for Boldness in Public Procurement Read More »
Following the process of submission of bids by tenderers during the tender closing/opening process of public tenders, the Procuring Entity commences the process of tender evaluation. The tender evaluation process is conducted by an ad hoc tender evaluation committee appointed by the Accounting Officer of a Procuring Entity pursuant to section 46 of the Public …
Brief Personal Experience When I was very new to legal practice, I encountered an interesting borrower. At the time I was working in a law firm which was in the panel of advocates of one of the big banks in Kenya. So, the borrower secured a loan facility from the bank and obtained a letter …
Bank Securities – Third-Party Charge and Basic Due Diligence Requirements Read More »
Majority of the people in Kenya acquire land with the intention of occupying or developing it in future. This intention, can sometimes lead to a number of issues including an occupier/what the registered proprietor would term as a trespasser, raising a defence of adverse possession or a suit/cross suit for an order for a title …
You May Be In Possession of the Title Deed, But Have You Taken Possession of the Land? Read More »
Road works on Thika Road. Photo courtesy of Kevin A. Urban. Over the next few weeks, I will run a number of articles on how our country continues to lose money because of poorly thought out policies and laws on public procurement. Coming from my years of active participation and interaction with public procurement …
The simple, bad decision that cost you KShs. 300 million Read More »
“Indeed, public procurement practically bristles with formalities, which bidders often overlook at their peril.” Hoexter, 2012 at page 275 as quoted by Justice John M. Mativo in Judicial Review Miscellaneous Application No. 118 of 2019 Introduction Following the advertisement of an Invitation to Tender by a Procuring Entity, bidders who are interested in participating in …
The criteria are listed under Section 55 of the Public Procurement and Asset Disposal Act (hereinafter the “Act”) and include: The person has the legal capacity to enter into a contract for procurement or asset disposal. Capacity to contract means the legal competence of a person to enter into a valid contract. Ordinarily, capacity to …
Prior to preparing a bid, bidders receive a Tender Document from a Procuring Entity. For the purposes of this Article, a bid means an offer from a supplier, contractor, or service provider in response to an invitation by a public entity. A Procuring Entity means any public entity making a procurement or asset disposal using …
(Part 1) Information to Bidders – Preparation of Bids Read More »
Legal Notice No. 69, Kenya Gazette Supplement No. 53 dated 22 April, 2020 It has been five years since the Public Procurement and Asset Disposal Act, 2015 (hereinafter PPADA or the Act) was passed. Since then, practitioners and other stakeholders in this field have had to rely on the 2006 Regulations with adjustments to fit …
