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Tender Dispute Representation
Representation of aggrieved tenderers in complaints, reviews, and appeals before the Public Procurement Review Board and the High Court.
Disputes & Resolution
Public Procurement & Tender Disputes
Procurement advisory, tender documentation, and representation in tender disputes before the PPRA and the courts.
Dx
- Acting for
- Suppliers · Contractors · Entities
- Forums
- PPRA · Review Board · High Court
- Framework
- PPADA 2015 & Regulations
Overview
How we approach public procurement & tender disputes.
Public procurement is the gateway through which billions of shillings move from the public sector to private enterprise every year, and it is one of the most disputed areas of commercial law in Kenya. The firm advises suppliers, contractors, and procuring entities on the legal framework — the Public Procurement and Asset Disposal Act and the regulations made under it — and acts in tender disputes before the Public Procurement Regulatory Authority, the Review Board, and the courts.
The work covers both sides: companies and individuals seeking to protect their rights when a tender process goes wrong, and procuring entities seeking to run a compliant, defensible procurement process. We bring the same discipline to both — the law is the same, the standard of conduct required is the same, and the cost of getting it wrong is the same.
Services
What we cover in public procurement & tender disputes.
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Procurement Compliance Advisory
Advice to procuring entities and suppliers on the requirements of the PPADA framework, threshold requirements, reserved procurement, and the procedural steps that a lawful tender requires.
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Tender Documentation Review
Review of tender documents, specifications, evaluation criteria, and award decisions to identify legal issues before a formal challenge becomes necessary.
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Suspension & Debarment Proceedings
Representation of suppliers facing suspension or debarment from public procurement, and advisory on the reinstatement process.
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Framework Agreements & Government Contracts
Drafting, review, and advice on framework agreements, government contracts, and the variation and termination of public-sector arrangements.
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Procurement Litigation
High Court litigation in procurement matters — unlawful exclusions, sham evaluations, and the judicial-review and contract claims that procurement disputes generate.
Approach
The way we run a public procurement & tender disputes matter.
A four-step discipline applied to every brief, so the work is senior-led at the points where senior judgement matters, and moves predictably between them.
Review & Assessment
Tender documents, evaluation report, and award decision reviewed; the legal basis for challenge and the realistic prospects assessed in writing.
Complaint & Review
Complaint filed before the procuring entity or the PPRA within the prescribed period; request for review before the Review Board where required.
Board Hearing
Submissions prepared and the matter argued before the Review Board, with suspension of the procurement process applied for where irreversible steps are threatened.
Court Action
Where the Review Board does not provide an adequate remedy, judicial review or contract proceedings filed in the High Court with full conduct of the matter.
FAQs
Questions clients ask about public procurement & tender disputes.
The ones we hear most often. For anything specific to your matter, a short call is usually the fastest way to an answer.
All firm FAQs →Yes. The PPADA gives aggrieved tenderers the right to complain to the procuring entity and, if unsatisfied, to request a review before the Public Procurement Review Board. Time limits are strict — contact us as soon as you receive the rejection or award notice.
The PPADA requires a request for review to be filed within 14 days of the notification of the result or the decision being challenged. Missing this window closes the administrative-review route. We advise on whether there is a residual court-based remedy.
Yes. We advise procuring entities on the procedural requirements of the PPADA — thresholds, publication obligations, evaluation methodology, and the award decision — to minimise the risk of a successful challenge.
A procurement process corrupted by fraud or bribery can be challenged on those grounds before the Review Board and the courts, and the conduct can be reported to the PPRA. We advise on both the civil and the constitutional dimensions of the challenge.
Related Practice Areas
Adjacent counsel from the firm.
Public Procurement & Tender Disputes Counsel
Speak with a partner about your public procurement & tender disputes matter.
We will tell you, plainly, whether we are the right firm, and how we would propose to handle it. The first call is confidential and at no charge.