Gribb Africa Limited v Principal Secretary, National Treasury & another; Kingsway Business Systems & another (Interested Parties) (Application 23 of 2021) [2021] KEPPARB 9 (KLR) (8 March 2021) (Decision)
- Court
- KEPPARB
- Case number
- 9
- Citation
- [2021] KEPPARB 9 (KLR)
- Decided
- 8 March 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePublic Procurement ReviewPostureApplication for ReviewCoramMs. Faith Waigwa, Qs. Hussein Were, Dr. Paul Jilani, Mr. Jackson Awele, Mr. Nicholas Mruttu
Holding
The Board cancels the award to Kingsway Business Systems and orders a re-evaluation of all bids.
Facts
The National Treasury issued a tender for the Development of a Public Investment Management Information System (PIMIS). Gribb Africa Limited and Kingsway Business Systems submitted bids, but the National Treasury found Gribb Africa Limited's bid non-responsive. The National Treasury then awarded the contract to Kingsway Business Systems.
Issues
- Preliminary objections raised by the 1st and 2nd Respondents and the 1st Interested Party
- Technical evaluation process issues identified by the Deputy Director, Supply Chain Management Services
Reasoning
The Evaluation Committee recommended opening financial proposals for two bidders, but the Deputy Director found issues with the technical evaluation process.
Outcome
The award to Kingsway Business Systems is set aside, and the procurement process is ordered to be re-evaluated.
Orders
- Cancellation of the award to Kingsway Business Systems
- Cancellation of letters of award to all unsuccessful bidders
- Re-admitting all bids for re-evaluation
- Proceeding with the procurement process within 14 days
Remedies
- Re-evaluation of all bids
- Awarding the contract to the successful bidder
Authorities cited
Legislation (2)
- Public Procurement and Asset Disposal Act, 2015
- Public Procurement and Asset Disposal Regulations, 2020
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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