The Public Procurement Administrative Review Board (PPARB) is an independent body established under the Public Procurement and Asset Disposal Act, 2015 under PART II – BODIES INVOLVED IN THE REGULATION OF PUBLIC PROCUREMENT AND ASSET DISPOSAL to provide an administrative mechanism for resolving disputes arising from public procurement and asset disposal processes in Kenya.

The Act establishes the PPARB as a central independent procurement appeals review board. It operates as an unincorporated board whose main purpose is to adjudicate disputes relating to procurement proceedings in a timely and specialized manner.

The board comprises of 15 members who are appointed to serve on a part time basis. The board operates in panels of at least five with a quorum of at least three. These panels decisions are considered decisions of the review board.Decisions of a Review Board panel shall be taken by simple majority but in the case of a tie, the proposal supported by the chairperson shall prevail.

The Review Board shall complete its review within twenty one days.

Review Process

1. Filing a Request for Review

A candidate or tenderer who claims to have suffered or risks suffering loss due to a breach of procurement law may file a Request for Review before the Board Form set out in the Fourteenth Schedule of these Procurement Regulations 2020.They must state the reasons for the complaint, including any alleged breach accompanied by such statements as the applicant considers necessary in support of its request

Key requirements:

The request must be filed within 14 days from the date:

ü When the alleged breach occurs, if the request is made before the contract is awarded.

ü When the notification of the tender award is issued under section 87 of the Act.

ü When the alleged breach occurs, if the request is made after the contract has been awarded to the successful bidder.

The request must be in the prescribed form in Fourteenth Schedule of the Regulations 2020. and accompanied by the required filing fee calculated as per the Fifteenth Schedule of the Regulations 2020.

The request for review must clearly state:

ü the procurement process being challenged,

ü the alleged breach of the law,

ü the relief sought.

The filing of a request for review is accompanied by a refundable deposit valued at fifteen percent (15%) of the applicant’s tender sum which shall be paid into a deposit account but where the tender sum is not determinable at the time of filing of the request for review the amount of deposit shall be two hundred thousand shillings. If it is determined that the Applicant has provided false information the Deposit is forfeited to the State. A request for review shall be filed with the Review Board Secretary upon payment of the requisite fees and refundable deposits.

Upon filing the Secretary of the Board will in writing write to the Accounting Officer of the Procuring Entity allegedly in breach with the Request of review together with an order of Suspension of the Procurement process in dispute.

The Accounting Officer will within five days or less depending on the directions by the Secretary of the Board respond vide a Memorandum of response with accompanying documentation. The Secretary will then invite the parties to the review who are:

(a) the person requesting the review;

(b) the accounting officer of a procuring entity;

(d) such other persons as the Review Board may determined needed

The Secretary shall give reasonable notice of the date fixed for hearing to all parties to the review with the Notice in the format set out in the Sixteenth Schedule of the Regulations. Parties at the hearing are entitled to be represented by an advocate or a representative of his choice.

On the day set for the hearing of a request for review for which due notification has been given. Where:

i. an applicant appears and a procuring entity fails to appear, the hearing of the request for review shall proceed in the absence of the procuring entity unless the Review Board deems it fit to adjourn the hearing;

ii. a procuring entity appears and the applicant does not appear, the request for review shall be dismissed unless the Review Board deems it fit to adjourn the hearing;

iii. both parties fail to appear, the request for review shall be dismissed unless the Board deems it fit to adjourn the hearing.

At the hearing of the request for review, unless decided otherwise by the Review Board, the applicant shall be given the first opportunity to present the case in support of the request for review and the procuring entity shall be given an opportunity to reply thereto.

After listening to the Parties the review board will come up with a decision based on the following parameters

i. annul anything the accounting officer of a procuring entity has done in the procurement proceedings, including annulling the procurement or disposal proceedings in their entirety;

ii. give directions to the accounting officer of a procuring entity with respect to anything to be done or redone in the procurement or disposal proceedings;

iii. substitute the decision of the Review Board for any decision of the accounting officer of a procuring entity in the procurement or disposal proceedings;

iv. order the payment of costs as between parties to the review in accordance with the scale as prescribed; and

v. order termination of the procurement process and commencement of a new procurement process.

If one is aggrieved by the decision of the Board the person may appeal to the High Court through Judicial Review within 14 days of the order being issued. The application for a judicial review shall be accepted only after the aggrieved party pays a refundable security fee of 3% of applicant’s tender sum which is capped at ten million shillings.