Procurement Review in Kenya: How to Challenge a Tender at PPARB in 7 Steps (2026)

Updated 7 November 2026

A procurement review is the formal way for a bidder to challenge a public tender decision in Kenya. You file it with the Public Procurement Administrative Review Board (PPARB) within 14 days of being notified of the award, or of the date you learnt of the breach. Once a complete request is filed, the procurement process is suspended, and the Board must decide within 21 days.

Checked on 7 November 2026 against the Public Procurement and Asset Disposal Act, 2015 (sections 167 to 175), the PPRA service charter and the High Court judgment in Law Society of Kenya v Attorney General, Petition E238 of 2020, [2026] KEHC 7018 (KLR). This is general information, not legal advice.

Contents: Who can apply · Deadline · What you cannot challenge · Steps · Fees and the 2026 ruling · After the decision · FAQ

Who can ask for a procurement review

Section 167(1) of the Public Procurement and Asset Disposal Act allows a candidate or a tenderer who claims to have suffered, or to risk suffering, loss or damage because a procuring entity breached a duty under the Act or its regulations to seek administrative review. In practice this covers firms that bought or downloaded tender documents, submitted a bid or were pre-qualified, and believe the process was handled unlawfully.

Common grounds include:

• an evaluation that applied criteria not set out in the tender document;
• a bid wrongly declared non-responsive;
• an award to a bidder who did not meet mandatory requirements;
• a notification letter that gives no reasons for the outcome;
• a tender cancelled without a lawful reason.

You need evidence for each ground. Keep your bid copy, the tender document and addenda, the notification letter and any emails with the procuring entity.

The 14-day deadline

The time limit is strict. Under section 167(1) the procurement review request must be made within 14 days of notification of the award, or of the date of the occurrence of the alleged breach at any stage of the process. The Board regularly dismisses late requests without looking at the merits, so count the days from the date on your notification letter and file early.

If you register for tenders on the government’s electronic platform, notifications may arrive by email or through the portal. Our guide to registering on eGP Kenya explains where to find them.

What you cannot challenge

Section 167(4) lists matters that are not open to review by the Board. These include:

• the choice of procurement method;
• termination of a procurement or asset disposal proceeding in line with section 63 of the Act;
• a contract already signed in line with section 135 of the Act.

The last point is why timing matters. If you wait until the contract has been lawfully signed, you may lose the chance to challenge the award before the Board.

How to file a procurement review: 7 steps

1. Read the notification letter. Note the date, the reasons given for your outcome and the name of the successful bidder.
2. Ask for reasons if none were given. Write to the accounting officer promptly, but do not let the 14-day clock run out while waiting for a reply.
3. Collect your documents. Gather the tender document, addenda, your bid, the notification, and any correspondence.
4. Prepare the request for review. State the tender number, the procuring entity, each ground of review with the section of the Act or regulation you say was breached, and the orders you want the Board to make. Requests have been filed on the prescribed review form with a supporting statement; confirm the current format with the Board secretariat, because the 2026 High Court judgment struck down the regulation that set out much of that procedure.
5. Pay the filing fees. Get the current fee assessment from the Board secretariat and keep the receipt.
6. File and serve. Lodge the request with the PPARB secretariat at the Public Procurement Regulatory Authority and keep a stamped copy. The Board notifies the procuring entity, and the procurement is suspended under section 168.
7. Attend the hearing. The procuring entity and the successful bidder respond, and the Board hears the parties before issuing its decision.

Many firms hire an advocate for this. The 2026 judgment upheld the rule that allows parties to be represented by non-advocates in some cases, but a lawyer experienced in procurement disputes can help you frame the grounds tightly.

Fees, deposits and the April 2026 High Court ruling

The PPRA service charter lists review hearing fees ranging from KSh 25,000 to KSh 255,000, depending on the case, and a 21-day timeline for the review. Confirm the exact figure for your tender before filing.

On 29 April 2026 the High Court delivered judgment in a petition by the Law Society of Kenya against the Attorney General. The court declared unconstitutional:

• section 167(2) of the Act, which required a refundable deposit linked to the tender value before a review;
• section 175(2), which required security before an applicant could seek judicial review;
• Regulations 203 and 218 of the Public Procurement and Asset Disposal Regulations, 2020, including the deposit requirement in Regulation 203.

The court also struck down Regulation 10(2) as beyond the powers given by the Act, and found Regulation 204 on representation valid. In short, a bidder should no longer be asked for a deposit based on the tender value before the Board hears a request. The judgment can be appealed, so check with the Board or your advocate whether any appeal or stay affects your case.

After the decision: deadlines that follow

Section 171 requires the Board to complete its review within 21 days of receiving the request. The Board can annul a decision, direct the procuring entity to redo a step such as re-evaluation, order the procurement to proceed, or dismiss the request.

A party unhappy with the decision can seek judicial review at the High Court within 14 days of the Board’s decision under section 175. The court is expected to decide within 45 days, and a further appeal to the Court of Appeal has its own short timelines.

Whatever the outcome, use it to improve future bids. Many review cases turn on missing mandatory documents. If you are a youth, women or persons with disabilities enterprise, also make sure your AGPO registration is current before the next tender.

Frequently asked questions

How long do I have to file a procurement review?

Fourteen days from notification of the award or from the date of the alleged breach, under section 167(1) of the Public Procurement and Asset Disposal Act.

Does filing a procurement review stop the tender?

Yes. Section 168 suspends the procurement proceedings once the Board notifies the procuring entity of the request, until the matter is decided.

How much does a procurement review cost?

The PPRA service charter lists review hearing fees of KSh 25,000 to KSh 255,000. Legal fees are extra if you hire an advocate.

Do I still have to pay a deposit based on the tender value?

The High Court declared the deposit requirements in section 167(2) and Regulation 203 unconstitutional on 29 April 2026. Confirm with the Board whether any appeal has changed the position.