Judiciary Stopped By The PPARB In Tender Award Row

By The Weekly Vision Reporter

The Public Procurement Administrative Board has nullified a multi-million shillings tender for the supply, delivery, testing, and commissioning of Active Network devices (tender No. JUD/OT/048/2023-2024). This particular tender was initially awarded to Specicom Technologies Ltd. and M/S Increte, but irregularities in the award led to its cancellation.

Based on the tender opening committee meeting held on March 7, 2024, 11 bids were deemed non-responsive, whereas 4 bids were considered responsive and advanced to the next phase. During the second phase, one tender was determined to be non-responsive, whereas three tenders were deemed responsive and moved forward to the next stage. After conducting a thorough due diligence process, the Tender Committee granted the tender for Lot 1 to M/S Increte and the tender for Lot 2 to M/S Integrated Supplies and Consultancy Ltd.

Mr. Jeremiah Nthusi, the director of Supply Chain Services, concurred with the tender committee’s decision to approve the award of the tenders in a professional opinion dated April 8, 2024. After that, the professional opinion was sanctioned by the judicial registrar on April 9, 2024. The tenderers were notified of the tender result through a letter dated April 23, 2024.

On May 9, 2024, Specicom Technologies Ltd. lodged a request for the review of the tender, urging for the annulment of the awarded contract. The tenders submitted by Spesicom Technologies were disqualified as they were signed by an individual who lacked the legal authority to sign on behalf of the company.

Specicom Technologies revealed that the person who had the power to sign the documents was Henry Kamau; however, Tabitha Mwangi signed the declaration form on behalf of Kamau under the authority donated to her by Kamau.

The board in the ruling noted that Specicom’s director, Henry Kamau, fully delegated authority to Tabitha Mwangi and Solomon Njihia to undertake the role stipulated in the subject tender. The final order reads, “The ruling further reads.“ In conclusion, judgment is hereby entered for the petitioner against the respondents for: