Joseph Gitari Beta

Main subject areas

Activity

Published decisions from 2020 to 2021; busiest year 2020 (11 decisions).

Documented outcomes by case type

• Public Procurement Review: The Request for Review is dismissed. (2); The procurement process is not exempted under section 4(2)(f (1); The tender was cancelled and the applicant was ordered to pa (1); The Procuring Entity's award and unsuccessful bid letters ar (1)
• Administrative Review: The decision to award the tender to another company is annul (1)
• Procurement Review: The tender is reinstated and re-evaluated at the Financial E (1)
• Public Procurement: The Request for Review is dismissed. (1)
• Judicial Review: The Board cancels the Letter of Intention to Award and the L (1)

Counts are per published decision as classified by AI; not comparable across courts or years.

Most-cited legislation

• Public Procurement and Asset Disposal Act, 2015 (5)
• Public Procurement and Asset Disposal Regulations, 2020 (4)
• Public Procurement Act (4)
• Public Procurement and Asset Disposal Act (3)
• Constitution of Kenya, 2010 (2)
• Act (2)
• Constitution of Kenya (2)
• Public Procurement Act 2013 (1)

Documented reasoning patterns

• Most common procedural postures: Application for Review (11), Appeal from a decision of the Procuring Entity (2), Appeal from a decision of the Kenya Revenue Authority (1)
• [Public Procurement Review] outcomes — The Request for Review is dismissed.: 2/13, The Accounting Officer of the Procuring Entity is directed to re-instate the Applicant's bid and proceed with the procurement process.: 1/13, The procurement process is not exempted under section 4(2)(f) of the Public Procurement Act.: 1/13, The Kenya Revenue Authority's decision is set aside and the procurement process is to be re-evaluated and concluded.: 1/13
• [Public Procurement] outcomes — The Request for Review is dismissed.: 1/1
• [Administrative Review] outcomes — The decision to award the tender to another company is annulled, and the tender is returned to the Applicant for post-qualification evaluation.: 1/1
• [Procurement Review] outcomes — The tender is reinstated and re-evaluated at the Financial Evaluation Stage.: 1/1
• [Judicial Review] outcomes — The Board cancels the Letter of Intention to Award and the Letter of Notification of Unsuccessful Bid, and directs KRA to proceed with the procurement process.: 1/1

Writing characteristics

• Median judgment length ~68014 words
• Includes panel decisions

Remedy patterns

• Reinstatement of the Applicant's bid (1)
• Re-evaluation of the Applicant's bid (1)
• Addendum to the Tender Document (1)
• Extension of the tender submission deadline (1)
• Re-evaluation of the bids (1)

Citation patterns

• Avg cited authorities/decision: 0.5
• Frequently applied statutes: Public Procurement and Asset Disposal Act, 2015 (5), Public Procurement Act (4), Public Procurement and Asset Disposal Regulations, 2020 (4), Public Procurement and Asset Disposal Act (3), Constitution of Kenya (2)