Kenya is moving forward in order to streamline the public procurement process. The new legal framework will prevent unsuccessful bidders to file petitions and start tender wars that delay the award of public contracts in the country. 

This new public procurement model, launched by the National Treasury, seeks to simplify the tendering process, and impose financial penalties on unsuccessful bidders who file petitions.

According to sources, frequent appeals by losers of PPP contracts have delayed award of public tenders and implementation of Vision 2030 flagship projects through public private partnership. Court injuncions delay projects implementation, which have huge costs of money.

The new proposal of public procurement will include a filing fee that is a percentage of the total cost of the project. This fee will vary in relation to the stage of the procurement process at which a challenge is mounted. For instance, objections to shortlist decision will carry less financial penalties than to an award decision. This model is aimed to balance the public interest with the interest of bidders.

According to the new proposals, bidders will be required to submit performance bonds at the start of the procurement process to discourage frivolous and annoying challenges and litigations, reducing the ward period to 30 days from the date of tender opening.