How to challenge a tender award in Kenya, Uganda, Tanzania and Rwanda

At a glance

The table compares the main steps under each country's rules, as set out in the law or by the review body ^1,34,56,7.

Kenya

The Public Procurement Administrative Review Board is a central independent procurement appeals body established under section 27(1) of the Public Procurement and Asset Disposal Act 2015 ². Section 167(1) lets a candidate or tenderer seek administrative review within fourteen days of notification of award or the date of the alleged breach, as quoted by the Court of Appeal on 23 February 2024 ¹. The court said the section only talks of a breach by the procuring entity ¹.

The PPRA service charter says a bidder files Form RB1, pays KSh 25,000 to KSh 255,000, and the Board hears and decides within 21 days ³. PPRA runs a complaints management system at cms.ppra.go.ke and publishes Board decisions ².

Uganda

Under section 106 of the Public Procurement and Disposal of Public Assets Act, Cap. 205, a bidder complains in writing to the accounting officer and pays the fee set by regulations ⁴. The complaint is due within ten working days after the bidder knew or ought to have known of the grounds ⁴. The accounting officer must suspend the process at once and decide in writing within ten days ⁴.

Under section 115, an application to the Appeals Tribunal is due within ten working days of the accounting officer's decision ⁴. The Tribunal decides within fifteen working days, and the process stays suspended meanwhile, under section 117 ⁴. Section 118 allows an appeal to the High Court within thirty days on questions of law only, and that decision is final ⁴.

Tanzania

Section 69(4) of the Public Procurement Act 2023 requires the accounting officer to give all tenderers five working days to complain after the notice of intention to award ⁵. The PPAA says a tenderer who is not satisfied with the accounting officer's decision appeals within 5 working days ⁶. Where the accounting officer has not decided, the tenderer complains to the PPAA within 5 working days after the decision was due ⁶.

To file, the PPAA asks for PPAA Form No. 1, payment of the appeal fee and submission to the Executive Secretary in Dodoma or by email ⁶. The PPAA decides within 40 days of registering the case and does not hear complaints about contract performance ⁶. A debarment by PPRA may be appealed within 21 days ⁶.

Rwanda

Ministerial Order N° 001/23/10/TC of 10/10/2023 sets the review procedure in Chapter VIII ⁷. Article 173 covers the review period before the procuring entity ⁷. Article 174 covers the appeal to the Independent Review Panel and the appeal fee, and Articles 175 to 177 cover the content, admissibility and basis of the appeal ⁷. Article 179 covers the validity and notice of the panel's decision ⁷. Chapter III, Articles 20 to 28, sets the panel's composition and powers ⁷.