In a dramatic turn of events, the Public Procurement Administrative Review Board (PPARB) has blown the lid off a flawed procurement process, revoking the lucrative Tender No. KWS/ONT/RMLF/143/2023-2024 for the routine maintenance of the Mtito Andei–Salaita Road (E693) in Tsavo West National Park.
The tender, worth a staggering KSh 30.5 million, was initially set to be awarded to M/s Freemark Traders Company Limited after they sailed through the evaluation stages, beating eight other contenders. According to the official Tender Opening Minutes, signed by the Tender Opening Committee on 23 September 2024, nine firms had submitted bids. Seven were knocked out early for being non-responsive, leaving just two, including Zeraku Construction Ltd, to advance to the technical evaluation stage.
Shockingly, Zeraku Construction was dropped at the end of Part A of the technical evaluation. M/s Freemark Traders emerged as the frontrunner, eventually proceeding to financial evaluation, where their figures were verified and found accurate and error-free.
The Evaluation Committee’s recommendation to award the tender to Freemark Traders was affirmed in a Professional Opinion by Ms Leah Naisoi of the SAD Supply Chain Management, dated 15 December 2024 and signed on 15 January 2025.
But just when the deal seemed sealed, Zeraku Construction came out swinging. On 4 February 2025, the firm filed a formal Request for Review through Sisule & Associates, backed by an affidavit from Zephaniah Kurgat. Zeraku demanded an explanation for their disqualification and a fresh evaluation of their bid at the financial stage.
In a scathing decision delivered on 1 April 2025, the Board lambasted the Evaluation Committee, declaring that Zeraku Construction had been unjustly disqualified during the technical evaluation. The Board stated unequivocally: “We find that the Evaluation Committee of the Procuring Entity unjustly disqualified the Applicant’s tender during Part A of the Technical Evaluation stage.”
The ripple effects were immediate. The Board invalidated all subsequent steps taken after Zeraku’s wrongful disqualification, including the issuance of Notification Letters dated 27 February 2025. These letters, which had declared Freemark Traders as the winning bidder, were officially nullified.
In a bold directive, the Board ordered the Procuring Entity to reinstate Zeraku Construction’s tender and re-evaluate it during Part B of the technical stage. The evaluation process must now proceed afresh, culminating in a lawful award within 21 days.
