Faith Waigwa Beta

Main subject areas

Activity

Published decisions from 2018 to 2021; busiest year 2020 (26 decisions).

Documented outcomes by case type

• Public Procurement Review: The Request for Review is dismissed. (4); The Request for Review is successful. (3); The Procuring Entity’s decision is set aside. (1); The Board granted the orders to cancel the award and reinsta (1)
• Public Procurement Administrative Review: The contract and related notifications were cancelled and se (1)
• Administrative Review: The decision to award the tender to another company is annul (1); The Request for Review is successful with respect to the spe (1)
• Procurement Review: The tender is reinstated and re-evaluated at the Financial E (1); The tender is cancelled and set aside. (1)
• Civil: The applicant is ordered to pay costs. (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 (16)
• Public Procurement Act (9)
• Public Procurement and Asset Disposal Regulations, 2020 (8)
• Public Procurement and Asset Disposal Act (6)
• Act (3)
• Constitution of Kenya, 2010 (2)
• Interpretation and General Provisions Act (2)
• Regulations 2020 (2)

Documented reasoning patterns

• Most common procedural postures: Application for Review (31), Appeal from a decision of the Accounting Officer of Kenya National Highways Authority (2), Appeal from a decision of the Procuring Entity (2)
• [Public Procurement Review] outcomes — The Request for Review is dismissed.: 4/30, The Request for Review is successful.: 3/30, The Procuring Entity’s termination of the procurement proceedings is nullified.: 1/30, The Procuring Entity's letters of notification of unsuccessful bid and award of tender are cancelled and set aside. The Procuring Entity is directed to re-admit the Applicant's bid and re-evaluate it.: 1/30
• [Public Procurement Administrative Review] outcomes — The award is set aside and the procurement process is directed to proceed.: 1/3, The Request for Review is dismissed.: 1/3, The contract and related notifications were cancelled and set aside. The Procuring Entity was directed to proceed with the procurement process.: 1/3
• [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.: 1/5, The Request for Review is successful with respect to the specific orders made.: 1/5, The Request for Review is dismissed: 1/5, The Request for Review is dismissed.: 1/5
• [Procurement Review] outcomes — The tender is reinstated and re-evaluated at the Financial Evaluation Stage.: 1/2, The tender is cancelled and set aside.: 1/2

Writing characteristics

• Median judgment length ~66717 words
• Includes panel decisions

Remedy patterns

• Reinstatement of the Applicant's bid (2)
• Extension of the tender submission deadline (2)
• Cancellation of termination letters (2)
• Each party to bear their own costs (2)
• Completion of procurement process (2)

Citation patterns

• Avg cited authorities/decision: 0.5
• Frequently applied statutes: Public Procurement and Asset Disposal Act, 2015 (16), Public Procurement Act (9), Public Procurement and Asset Disposal Regulations, 2020 (8), Public Procurement and Asset Disposal Act (6), Act (3)