County Builders Limited v Accounting Officer, Ministry of Transport, Infrastructure, Housing, Urban Development and Public Works, State Department of Housing and Urban Development & another (Application 144 of 2020) [2020] KEPPARB 16 (KLR) (15 December 2020) (Decision)
- Court
- KEPPARB
- Case number
- 16
- Citation
- [2020] KEPPARB 16 (KLR)
- Decided
- 15 December 2020
The Board cancels and sets aside the Letters of Notification of Termination and the Re-advertisement of the tender, directs the Procuring Entity to conclude the procurement proceedings within 14 days, and each party bears their own costs in the Request for Review.
Facts
County Builders Limited filed an application against the Ministry of Transport, Infrastructure, Housing, Urban Development and Public Works regarding the tender for the Proposed Construction of Kangari Market in Muranga County. Two anonymous letters were submitted alleging corruption and unethical conduct during the tender evaluation process.
Issues
- Corruption and unethical conduct in the tender evaluation process
- Consequences of the tender evaluation process not being concluded
Reasoning
The Board found that the tender evaluation process was marred by corruption and unethical conduct, leading to the cancellation of the tender and the re-advertisement.
Outcome
The application is granted.
Orders
- Cancellation and set aside of Letters of Notification of Termination
- Cancellation and set aside of Re-advertisement
- Concluding the procurement proceedings within 14 days
- Each party bears their own costs
Remedies
- Cancellation of tender documents
- Concluding procurement proceedings
Authorities cited
Legislation (1)
- Public Procurement Act
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