The Public Procurement Administrative Review Board (PPARB) had recently come on the spotlight for its handling of a high-value tender linked to application No. 41/2024 of May 2024, associated with tender No. KPA 1156/2023-24.
The tender in question involved the design, manufacture, supply, testing, and commissioning of 10 rubber-tyred gantry cranes, a critical infrastructure project for the Kenya Ports Authority (KPA).
The PPARB, led by Chairperson Joshua Kiptoo and members Susan Mambo and Alexander Musau, has faced allegations of potential bias in its decision-making process.
The involvement of Philemon Kiprop and Anthony Simiyu from the board’s secretariat has further fueled concerns about transparency and fairness in the procurement process.
Reports indicated that Jiangsu Rainbow Industrial Equipment Company, a Chinese firm, was awarded the contract valued at USD 21,200,000 (approximately KSh 56 billion). The tender process, initiated through restricted bidding, initially invited three companies to participate, with a submission deadline set for April 4.
However, the deadline was extended to April 11, ostensibly to address clarifications. Critics argue that this extension disproportionately benefited Jiangsu Rainbow, which ultimately became the sole bidder to meet the revised deadline.
The evaluation committee, which included KPA’s Supply Chain Management General Manager Eveline Shigholi, recommended Jiangsu Rainbow for the contract.
The firm, based in Suzhou, Jiangsu, China, and led by director Zhang Xiaobo, has faced allegations of using aggressive lobbying tactics to secure tenders globally.
A competing firm, ZMPC, raised objections to the tender process, claiming it was unfairly excluded. KPA, however, maintained that tender documents were issued only to Jiangsu Rainbow, Mitsui E&S Machinery Limited, and Zhenhua Port Machinery Corporation.
Notably, Zhenhua reportedly withdrew from the bidding process, citing challenges related to the procurement environment. The PPARB’s decision to uphold the award to Jiangsu Rainbow has sparked debate about the integrity of the procurement process.
Questions had also been raised about the firm’s acquisition of intellectual property rights related to the Kalmar brand, which it claims to have purchased from the Cargotec Group.
While the tender process has drawn attention to potential irregularities, it is important to note that the involvement of high-ranking officials has added complexity to the situation.
The focus remains on ensuring accountability and transparency in public procurement to safeguard public funds and maintain trust in government institutions.
Stakeholders are calling for a thorough review of the procurement process to address concerns and uphold the principles of fairness and integrity in public tendering.
