A PRESENTATION ON COMPLAINTS AND APPEALS MECHANISM IN KENYA. TO E.A.PROCUREMENT FORUM BY MR. P. M. GACHOKA CHAIRMAN, ARB-KENYA Presented on the 11 th day of June, 2008. BACKGROUND.
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TO E.A.PROCUREMENT FORUM BY MR. P. M. GACHOKA
Presented on the 11th day of June, 2008
Act extended the frontiers of Admin Review to include reviews emanating from DG’s power to:
No jurisdiction or Ltd Mandate where:
-i.e. the instrument governing the negotiated grant or loan prevails
- occurrence of breach, or
- notification of award pursuant to Secs. 67 or 83.
(choice is Applicant’s)
7. Where request for review is not accompanied by prescribed fee per Reg. 73(3)
1. Review of Procurement Proceedings under Part VII.
d). Information which can be availed to a tenderer on request, or for use in review includes :
i. The Summary of evaluation and comparison of tenders and (Sec. 45(2)(e) read together with Sec.44(3)
ii. Evaluation criteria used Sec 45(2)(e)
iii. Tender opening register Sec. 60(6)
2. Review of DG’s Compliance Orders under Part VIII
An Investigator appointed by DG submits a report to him on these.
b) If DG is satisfied that there has been a breach of the law he may make the following Compliance Orders under Sec. 105(1):
3. Review of DG’s Debarment Orders under Part IX.
DG may impose debarment sanction against errant tenderers
Object is to prohibit a person from participating in procurement proceedings – See Sec. 115(1)
Grounds for debarment include :
a) Under S.115
b) Breach of code of ethics under Reg. 91, is a ground for debarment
d) Reg. 91 – Debarment Order extends to:- person debarred, and any firm in which debarred person has a controlling interest.
f) Before issuing Debarment Order, DG must :
(i) Grant accused person a hearing - Sec. 116. Thus need for due process, and the application of the rules of natural justice
(ii) Obtain the approval of the PPOA’s Advisory Board.
g) Sec. 117(1) - PPARB can review DG’s Debarment Order. Review may only be initiated by debarred person. Applicant’s right to review is additional to any other legal remedy - Sec 124.
h) Secs. 119 and 121 - Board must convene within 21 days, and review must be completed within 30 days.
I ) Review of Procurement Proceedings
II. Review of DG’s Compliance Order and Debarment Order
7 Regs 73-88 detail some of the key procedures in the review.
1. On Review of Procurement Proceedings:-Board’s powers-Sec. 98 :
2. On Review of Compliance Orders
Debarment Orders made by the DG
Secs 111 & 122 empower the Board to:
4. Judicial review is a special procedure by which the High Court superintends over the activities of an inferior tribunal. It is a discretionary jurisdiction. In JR, court reviews the decision of the inferior tribunal and may only issue the following orders:
THANK YOU FOR
YOUR ATTENTION !