PPARB Strikes Out Smart People Africa Limited’s Tender Review Application

Stephen Ndirangu ( pictured), CEO Smart People Africa Ltd

The Public Procurement Administrative Review Board has struck out a petition by Smart People Africa Ltd, who had petitioned an award of  a tender for the supply and delivery of Billing software by Tana Water Works Development Agency (TWWDA).

The request for review dated  August, 22,  2022 and filed on even date was struck out for want of jurisdiction on September 12 ,, 2022 in Nairobi.

The Smart People Africa Ltd was seeking a decision notifying them of their being unsuccessful be set aside and nullified.

The firm was also seeking for a decision awarding Tender No TWWDA/ADB/003/2021-2022 be set aside and nullified and thirdly, the PPARB be pleased to review all records of the procurement process relating to the above said tender.

The Board  while handing down the decision noted that Smart People Africa Limited did not follow the procedures for making a Procurement-related complaint as detailed and stipulated  in the Part B of the Operations Procurement Manual under the Procurement Framework of the African Development Bank (AfDB) which is the funding agency.

 The funds to implement the above said project is a Loan provided through a bilateral Loan agreement between the Government of Kenya and the AfDB.

“Our view is that in getting into this tender process which, contain clearly spelt provisions, the Smart People Africa Limited was well aware of the effect of the ouster of the Procurement Act, 2015 by the said provisions,” said the Board in a brief press statement this evening.

 Concluded  the Board " Smart People Africa Limited is therefore  a disgruntled firm that sort the tender to be awarded to  them unfairly ".

More details  of the decision No. 76 of 2022 can be found at www.ppra.go.ke .