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Public Procurement & PPPs

Our Public Procurement and PPP practice group provides innovative, timely and commercial sound advisory advice and litigation from inception of a project to commercial close. We act for a range of developers, sponsors, and procuring authorities, public and private sector clients.

We regularly advise on:

  • Project Finance
  • Preparation of bids, review of RFP, RFQs and EOIs 
  • Regulatory compliance
  • Contentious matters including challenges before the Public Procurement Administrative Review Board and the Petitions Committee under the PPP Act.

Recent Representations on Public Procurement:

  • Acted for a Japanese multinational automotive manufacturer in a challenge against their successful bid from the National Treasury for the KES 3 billion provision, to issue the National Police Service with motor vehicles.
  • Advised a Japanese multinational automotive manufacturer in respect to a proposed challenge against a subsequent tender by Power Generating Company. 
  • Successfully acted for an ICT Regulator, in respect to a tender for the provision of broadcasting transmission services (and the High Court).
  • Acted in a consortium for two Japanese multinational automotive manufacturers in relation to winning a  tender for the construction and generation of a geothermal power plant at Olkaria that is off the Naivasha-Nakuru highway. This was conducted in a tribunal and it was successful.
  • Acted for a leading BIVAC International SA (BUREAU VERITAS) in two challenges in regard to Kenya Bureau of Standards tender for the pre-shipment of goods in High Court (one was successful)

Recent Representations in Public-Private Partnerships:

  • Led the team acting for a lender in relation to the financing of road construction of the Ngong-Kiserian-Isinya Road and Kajiado-Imaroro Road. These are the first road construction projects that are to be undertaken under the Road Annuity Regulations.
  • Currently advising the preferred bidder on a 2000 km Kenyan road PPP project in negotiations with the GoK.
  • Part of the successful team representing the preferred bidder for a coal-fired power generator before the Petition Committee under the PPP Act. (the first matter before that newly established tribunal).
  • Successfully acted for one of the bidders with respect to Lot 6, of the 10,000 km Kenyan annuity road project, before the PPP Petition Committee (the second matter before the newly formed tribunal).
  • Advising the successful bidder with respect to one of the lots for the County Government of Nairobi Urban Renewal/Regeneration.

For more information on this practice area, please contact:

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