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Public Procurement Cases in Kenya: A Review of Appeals and Decisions (2005-2006), Study Guides, Projects, Research of Public finance

Catholic University of Eastern AfricaPublic finance

Decisions of the Administrative Review Board

Typology: Study Guides, Projects, Research

2017/2018

Uploaded on 04/25/2018

waridi-sulubu-kahind
waridi-sulubu-kahind 🇰🇪

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APPEALS HANDLED IN THE YEAR 2005
1. 1/2005 : BELRA CHORD INVESTMENTS –VS- POSTAL CORPORATION
OF KENYA
Review- Provision for cleaning services in Postal Corporation of Kenya –PO- whether
appeal is out of time contrary to Reg. 33(1)- whether contract has been executed- Appeal
withdrawn- Outside the appeal window
2. 2/2005 : HURLINGHUM BUTCHERY LIMITED –VS- DEPARTMENT OF
DEFENCE
Review- Supply of Meat – No alleged breach stated- Alterations noted on Applicants
original tender documents-Applicant lowest bidder- Appeal succeeds- Tender annulled-
Re-tender
3. 3/20065 : MITS ELECTRICAL CO. LTD –VS- OFFICE OF THE PRESIDENT
Review- Monthly maintenance of lifts in Government Buildings.-alleged breach of Reg.
10(2), 33(1), 30(8) (a)& (b)- Breach of Regulations- Appeal succeeds- Re-tender-
Restricted tendering
4. 4/2005 : Laving ton Security guards limited –VS- Kenya pipeline Company limited
Review- Provision of security service for year 2005-2006- alleged breach of Reg. 33,
30(1), 11, 12- alleged unfair treatment of bidders & preferential treatment of some
bidders- Breach of Reg. 30(8) & 33- Appeal succeeds- Re-tender
5. 5/2005 : FUELOMART(K) LIMITED –VS- MINISTRY OF ENERGY
Review- Provision for Petroleum fuels marking and tracing services - alleged breach of
Reg. 13(5) 24(2)(i)(v),29(6) & 42(2)- No breach -Appeal dismissed- P.E ordered to
award tender for 2yrs without any reference to extensions.
6. 6/2005 : MITS ELECTRICAL CO. LIMITED –VS- MINISTRY OF LANDS
AND HOUSING
Review- Monthly maintenance of lifts in government Buildings - alleged breach of Reg.
10(2),33(1) 30(8) (a)& (b) - Breach of Regulations- Appeal succeeds- Re-tender-
Restricted tendering
7. 7/2005 : MITS ELECTRICAL CO. LIMITED –VS- MINISTRY OF ROADS &
PUBLIC WORKS
Review- Monthly Maintenance of Lifts in Government Buildings - alleged breach of
Regulation 33(1) 30(8) (a)& (b)- Appeal dismissed- Upsetting the tender would not be in
the public interest
8. 8/2005 : MITS ELECTRICAL COMPANY LIMITED –VS- MINISTRY OF
FOREIGN AFFAIRS
Review- Replacement of passenger lifts - alleged breach of Regulation 10(2),33(1) 30(8)
(a)& (b) - Breach of Regulations- Appeal succeeds- Re-tender
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APPEALS HANDLED IN THE YEAR 2005

1. 1/2005 : BELRA CHORD INVESTMENTS –VS- POSTAL CORPORATION

OF KENYA

Review- Provision for cleaning services in Postal Corporation of Kenya –PO- whether appeal is out of time contrary to Reg. 33(1)- whether contract has been executed- Appeal withdrawn- Outside the appeal window

  1. 2/2005 : HURLINGHUM BUTCHERY LIMITED –VS- DEPARTMENT OF DEFENCE Review- Supply of Meat – No alleged breach stated- Alterations noted on Applicants original tender documents-Applicant lowest bidder- Appeal succeeds- Tender annulled- Re-tender
  2. 3/20065 : MITS ELECTRICAL CO. LTD –VS- OFFICE OF THE PRESIDENT Review- Monthly maintenance of lifts in Government Buildings.-alleged breach of Reg. 10(2), 33(1), 30(8) (a)& (b)- Breach of Regulations- Appeal succeeds- Re-tender- Restricted tendering
  3. 4/2005 : Laving ton Security guards limited –VS- Kenya pipeline Company limited Review- Provision of security service for year 2005-2006- alleged breach of Reg. 33, 30(1), 11, 12- alleged unfair treatment of bidders & preferential treatment of some bidders- Breach of Reg. 30(8) & 33- Appeal succeeds- Re-tender
  4. 5/2005 : FUELOMART(K) LIMITED –VS- MINISTRY OF ENERGY Review- Provision for Petroleum fuels marking and tracing services - alleged breach of Reg. 13(5) 24(2)(i)(v),29(6) & 42(2)- No breach -Appeal dismissed- P.E ordered to award tender for 2yrs without any reference to extensions.
  5. 6/2005 : MITS ELECTRICAL CO. LIMITED –VS- MINISTRY OF LANDS AND HOUSING Review- Monthly maintenance of lifts in government Buildings - alleged breach of Reg. 10(2),33(1) 30(8) (a)& (b) - Breach of Regulations- Appeal succeeds- Re-tender- Restricted tendering
  6. 7/2005 : MITS ELECTRICAL CO. LIMITED –VS- MINISTRY OF ROADS & PUBLIC WORKS Review- Monthly Maintenance of Lifts in Government Buildings - alleged breach of Regulation 33(1) 30(8) (a)& (b)- Appeal dismissed- Upsetting the tender would not be in the public interest
  7. 8/2005 : MITS ELECTRICAL COMPANY LIMITED –VS- MINISTRY OF FOREIGN AFFAIRS Review- Replacement of passenger lifts - alleged breach of Regulation 10(2),33(1) 30(8) (a)& (b) - Breach of Regulations- Appeal succeeds- Re-tender

9. 9/2005 : ALPHINE INVESTMENT – VS- GILGIL

TELECOMMUNICATIONS INDUSTRIES

Review- Supply of Arsenic copper Chrome Oxide - alleged breach of Reg. 30(7),30(8),33(1)- Appeal succeeds- Tender re-awarded to the Applicant Ms. Alphine Investments

  1. 10/2005 : PRECISION TUBE CO. LIMITED –VS- KENGEN Review- Supply of steel casings for Olkaria Domes appraisal Drilling Programme - alleged breach of Reg. 30(7),30(8),24(2)- Appeal Succeeds- Re-tender- Inconsistencies in Tender document
  2. 11/2005 : MITS ELECTRICAL COMPANY LIMITED –VS- OFFICE OF THE VICE PRESIDENT AND MINISTRY OF HOME AFFAIRS Review- Replacement of Two NO. Lifts at Jogoo House B-
  3. 12/2005 : TWAHMA BUILDING SERVICE –VS- KENYA TOURIST DEVELOPMENT CORPORATION Review- Rehabilitation of Utalii house - alleged breach of Reg. 33(1), 11, 24,27,30(7)- Appeal succeeds- Process fatally flawed- Re-tender
  4. 13/2005 : EAST COAST ENTERPRISES –VS- DEPARTMENT OF DEFENCE Review- Supply of white sugar - No breach stated, alleged unfair evaluation& that applicant was lowest bidder - Appeal dismissed- Applicant was non-responsive
  5. 14/2006 : EAST COAST ENTERPRISES –VS- DEPARTMENT OF DEFENCE Review- Supply of milled rice - No breach stated, alleged unfair evaluation& that applicant was lowest bidder - Appeal dismissed- Applicant was non-responsive
  6. 15/2006 : MOHAMMED AND MUIGAI ADVOCATES –VS- NAIROBI WATER SERVICES BOARD Review- Provision of legal services - alleged breach of Reg. 33(2), 17(6), 36(4), 30(7) - PO- jurisdiction of the Board- Appeal dismissed- Board has no jurisdiction
  7. 16/2005 : ORGANICS LIMITED –VS- THE PROCUREMENT & SUPPLY CHAIN MANAGEMENT CONSOTIUM, PROCURING AGENT FOR MINISTRY OF HEALTH Review- Supply and delivery of cash receipt- alleged breach of Regulation 14(3) (a) & (b) , 13(5)- alleged unfair tender evaluation- Appeal succeeds- Irregularities in the tender evaluation process
  8. 17/2005 : ABDULHAKIM AHMED BAYUSUF & SONS LIMITED –VS- GALOLE CONSTITUENCY DEVELOPMENT FUND Review- Construction of 12 projects- Alleged breach of Regulations 30(1), 33,17(5), 11- Appeal succeeds- Procuring Entity to re-evaluate
  9. 18/2005 : SYMPHONY – VS- KENYA REVENUE AUTHORITY

27. 27/2006 : EMPEROR GENERAL SERVICES –VS- KENYA PORTS

AUTHORITY

Review- Construction of parking facilities & related drainage works for one stop centre - Alleged breach of Regulations 30 (8)(a),30(1) and 33(1)– Appeal succeeds- Tender awarded outside validity period- Re-tender

  1. 28/2005 : LOG ASSOCIATES –VS- TANA & ATHI RIVERS DEVELOPMENT AUTHORITY Review- Provision of valuation services - Alleged breach of Regulations 13 (3),30(1), (6)(c),31,30(7)& (8),33(1),24(2)- Appeal dismissed- No breach- Applicant non-responsive
  2. 29/2005 : MASON SERVICES LIMITED –VS- OFFICE OF THE PRESIDENT Review- Cleaning services at Harambee house and 19th^ floor at Nyayo house - Alleged breach of Regulations of 13 and 13 (5)– Appeal succeeds- Successful tenderer did not meet tender requirements- Re-tender
  3. 30/2005 : AQUACHEM TECHNOLOGIES LTD –VS- KENYA ELECTRICITY GENERATING COMPANY Review- Supply of liquid drilling detergent for Olkaria domes appraisal program - Alleged breach of Reg.30 (7),(8) and (9)- Appeal succeeds- Re-tender
  4. 31/2005 : WEB ENGINEERING LTD –VS- MINISTRY OF FINANCE Review- Supply, installation and commissioning of local area network in Bima House- Alleged breach of Reg. 33 (1),24(2)(j),30(7) &(8)- Appeal succeeds- Evaluation not done satisfactorily- Re-tender
  5. 32/2005 : WEB ENGINEERING LTD –VS- MINISTRY OF FINANCE Review- Supply, installation and commissioning of local area network in Bima House- Alleged breach of Reg. 33 (1),24(2)(j),30(7) &(8)- Appeal succeeds- Evaluation not done satisfactorily- Re-tender
  6. 33/2005 : LANTECH AFRICA LIMITED –VS- MINISTRY OF FINANCE Review- Supply, installation and commissioning of local area network in Harambee House- Alleged breach of Reg. 33 (1),24(2)(j),30(7) &(8) - Appeal succeeds- Evaluation not done satisfactorily- Re-tender
  7. 34/2005 : REB-KIM INVESTMENTS –VS- AGRICULTURAL SOCIETY OF KENYA Review- Licence to operate the fun fair at Jamhuri park, July 2005-June 2006- Alleged breach of Reg.10(2),13(a),33(1) & 33(3)- PO- whether the P.E is a public Entity- whether Board has jurisdiction- Appeal dismissed- Respondent not a P.E- Board has no jurisdiction
  8. 35/2005 : SYSTECH LIMITED –VS- MINISTRY OF FINANCE.

Review- Supply, installation and commissioning of local area network in Ardhi House - Alleged breach of Reg. 33 (1),24(2)(j),30(7) &(8) - Appeal succeeds- Evaluation not done satisfactorily- Re-tender

  1. 36/2005 : SYSTECH LIMITED –VS- MINISTRY OF FINANCE Review- Supply, installation and commissioning of local area network in Treasury Building- Alleged breach of Reg. 33 (1),24(2)(j),30(7) &(8)- Appeal succeeds- Evaluation not done satisfactorily- Re-tender

37. 37/2005 : MITS ELECTRICAL COMPANY LTD –VS- MINISTRY OF

ROADS & PUBLIC WORKS

Review- Proposed installation of 10 No. lifts at new Nyanza Provincial Kisumu- Alleged breach of Reg. 30 (6) (c) & 30 (8) (a)& (b)- PO- whether Board had jurisdiction when contract was signed- Appeal dismissed- No jurisdiction

  1. 38/2005 : MOBILE PLANET LIMITED –VS- KENYA POWER & LIGHTING COMPANY LTD Review- Provision of SMS premium services- Alleged breach of Reg. 4, 14, 9, 10, 17, 24(2), 23(e), 29, 30(8), 34- Appeal succeeds- P.E did not comply with the spirit of Reg. 4- Re-tender
  2. 39/2005 : PATRIOTIC GUARDS –VS- THE JUDICIARY Review- Provision of security services for the Judiciary - Alleged breach of Reg. 27, 29 & 30- Appeal dismissed- No breach
  3. 40/2005 : MUGOYA CONSTRUCTION & ENGINEERING LTD –VS- TEACHERS SERVICE COMMISSION Review- Proposed Teachers Service Commission Headquarters building- Alleged breach of Reg. 24(2),30(1),(7) & (8) and 33(1)- Appeal succeeds- Re-tender
  4. 41/2005 : ENERGY SUPPORT GmbH –VS- KENYA POWER AND LIGHTING COMPANY Review- Supply of Dissolved Gas Analyser for Transformer Oil- Alleged breach of Reg. 30 (8) (b) and 33(1)- Appeal dismissed
  5. 42/2005 : EAST AFRICAN COMPANY ELEVATOR COMPANY LIMITED – VS- KENYATTA INTERNATIONAL CONFERENCE CENTRE Review- Procurement of new lifts - Alleged breach of Reg. 30 (6) (c) and 30 (8) (a) & (b)- Appeal dismissed- no breach of Regulations.
  6. 43/2005 : NEW BARON & LEVEQUE INTERNATIONAL –VS- EAST AFRICAN PORTLAND CEMENT

Review- formulation of the Mombasa water and sewerage Company Limited’s strategic Plan- Alleged breach 22(2), 30(7) and (8), 6(2,3), 32 and 33- PO- whether respondent is a Public Entity- whether Board has jurisdiction- Appeal dismissed- Board has no Jurisdiction.