PRACTICE AREA DETAILS
- Date 01 Jun 2016
- Location Golf View Office Suites, 6th Floor, Wambui Road Off Kiambu Road, Opposite Muthaiga Golf Club, Nairobi
- Category Dispute Management Department
ABOUT THIS PRACTICE AREA
Public procurement law is one of the firm’s most distinctive and celebrated specializations. Njuguna & Partners LLP is among a select group of law firms in Kenya with deep, sustained expertise in this highly technical and evolving area of law. The firm advises both procuring entities — including State corporations, county governments, and constitutional commissions — and private bidders seeking to participate in or challenge public procurement processes.
Advisory Services to Procuring Entities
The firm advises public institutions throughout the procurement lifecycle. This includes:
- Advising on the selection of the most appropriate procurement method under the Public Procurement and Asset Disposal Act, 2015, including open tendering, restricted tendering, direct procurement, request for proposals, and framework agreements.
- Reviewing and drafting tender documents, request for proposals, qualification documents, bills of quantities, evaluation criteria, and contract terms to ensure legal compliance and minimization of challenge risk.
- Advising on the application of preference and reservations regulations, including provisions relating to youth, women, and persons with disabilities.
- Advising on the treatment of abnormally low tenders, conflicts of interest, tenderer debarment, and contract variation.
- Providing legal opinions on disputed evaluation decisions, clarification of bidding documents, and handling complaints by aggrieved bidders before formal proceedings are instituted.
Representation Before PPARB and PPOA
When disputes arise from procurement decisions, the firm provides specialist representation before the Public Procurement Administrative Review Board (PPARB) and the Public Procurement and Oversight Authority (PPOA). The firm handles a substantial share — estimated at approximately 10% — of all disputes before PPARB annually, making it one of the most experienced firms in Kenya in this forum.
Notable mandates include the representation of a successful bidder in PRAB No. 65 of 2012, involving a Central Bank of Kenya contract valued at Kshs. 1.2 billion. The firm has regularly handled briefs with subject matter values exceeding Kshs. 200 million in this field.
Contract Administration and Disputes
Beyond pre-award disputes, the firm also advises on post-award contract administration issues, including disputes over performance, delays, liquidated damages, contract termination for convenience or default, and recovery of procurement-related losses. Where administrative remedies are exhausted, the firm seamlessly transitions to arbitration or litigation.
