The Public Procurement Administrative Review Board (PPARB) was set up as an appeal board for those whose rights have been violated during the public procurement process. The administrative fee is Ksh 5,000 for tenders with ascertainable value of a minimum Kshs 20,000 depending on the value in question. The complainant must state why specifically he thinks his rights have been violated.
The Administrative Review Board (ARB) seems to provide an example of good governance.
Just look at the list of decisions by the ARB, judge the cases and look for possible follow-up reporting.
Like this one from Kirinyaga county:
An engineering consultancy had complained against a decision made on March 2015 where it had not been clear if the offer envelopes should carry an address or not.
The company’s tender offer had been nullified at a very late stage because it had carried its name.
The ARB decided within eight weeks after the complaint that the tender committee had violated Sec. 66 (2) of the PPDA – Public Procurement and Disposal Act Act which states that
“The evaluation and comparison shall be done using the procedures and criteria set out in the tender documents and no other criteria shall be used.”
The tender committee had to redo the tender within seven days of the ARB’s decision.
Role of the Public Procurement Administrative Review Board
Section 28 of the new Public Procurement and Asset Disposal Act describes the Powers and functions of the board, which will now have 15 members instead of nine as follows:
(1) The functions of the Review Board shall be—
(a) reviewing, hearing and determining tendering and asset disposal disputes; and
(b) to perform any other function conferred to the Review Board by this Act, Regulations or any other written law.
(2) In performance of its functions under subsection (1)(a) of this section, the Review Board shall have powers to develop rules and procedures to be gazetted by the Cabinet Secretary.
(3) The Authority shall provide secretariat and administrative services to the Review Board.