By TWV Reporter
The Public Procurement Administrative Review Board (PPARB) has annulled a multi-million-dollar tender awarded by the Kenya Electricity Generating Company (KenGen), citing serious irregularities in the procurement process.
In a ruling delivered on 28th August 2025, the Board revoked the award of Tender No. KGN-SALE-005-2025 to the Joint Venture of Munja Trading Limited and Marwil Energy Holding for the sale of Certified Emissions Reductions (CERs). The PPARB further declared the Letter of Notification of Intention to Award, issued on 1st August 2025, to the joint venture, and the Letters of Regret sent to unsuccessful bidders, including Sintmond Group Ltd, null and void.
The Board directed KenGen to reconvene its Evaluation Committee and re-evaluate all bids afresh, beginning from the preliminary stage, in strict compliance with the Public Procurement and Asset Disposal Act, the 2020 Regulations, the Constitution, and the tender document. KenGen was ordered to complete the process and issue a new award within 21 days.
Initially, only the Munja–Marwil joint venture was declared responsive during the preliminary evaluation, advancing to the financial stage where it submitted the highest evaluated tender price of USD 19,637,758. The Evaluation Committee subsequently recommended it as the best evaluated bidder, a decision endorsed by KenGen’s Acting Supply Chain Manager and Acting General Manager – Supply Chain in a professional opinion dated 25th July 2025.
However, the process was challenged by Sintmond Group Ltd through Gerivia Advocates LLP. In a review application dated 6th August 2025, supported by an affidavit from the company’s Director and CEO, Richmond Gatu Muriithi, Sintmond argued that it had been unfairly disqualified. The company had been eliminated for allegedly failing to meet Mandatory Requirement 16 (MR16), which demanded proof of participation in emissions trading through client references or evidence of CER transfers or voluntary cancellation certificates.
The ruling by the PPARB reaffirms the principle that integrity and fairness must underpin all public procurement processes. By resetting the tender, the Board has reinforced compliance with the law and ensured all bidders are given a level playing field.
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