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Rentco East Africa Limited, Lantech Africa Limited, Toshiba Corporation Consortium v. Public Procurement Administrative Review Board & Kenya Electricity Generating Company Limited (KENGEN)

(2017) JELR 94105 (CA)

Court of Appeal  •  Civil Appeal 24 of 2017  •  28 Jul 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

The object of procurement laws enacted in the recent past in Kenya is to improve public financial management, promote efficient use of State resources in order to foster national development; enhance harmony with international procurement laws; foster competition, efficiency, transparency, integrity and accountability; facilitate ease procurement administration; and ensure value for money. Article 227 of the Constitution enjoins State organs and other public entities that contract for the supply of goods or services, to do so in accordance with a procurement system that is fair, equitable, transparent, competitive and cost-effective. Similar values of maximization of economy and efficiency, promotion of integrity, competition, fairness, transparency, accountability, public confidence in the procurement procedures, equality and freedom from discrimination, run through the Public Procurement and Asset Disposal Act, 2015 as well as the repealed Public Procurement and…

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