How to Appeal a Government Tender Decision in Kenya — PPRA Public Procurement Review Board Process (2026)

Kenya's PPADA 2015 gives every unsuccessful bidder the right to challenge a procurement decision through the PPRA Public Procurement Review Board. This is a formal administrative appeal mechanism — not a court process — that can result in the award being suspended, overturned, or confirmed. Understanding the appeal process gives you leverage when you have genuine grounds to believe procurement was conducted unfairly, and it also helps you understand what risks your own tender award faces if you win.

The appeal timeline is strict. Under PPADA Section 167, an aggrieved bidder must file their appeal within 14 days of the date they became aware of the procurement decision. This usually means 14 days from the date you received the award notice or formal notification that you were unsuccessful. Missing this 14-day deadline extinguishes your appeal rights — the Review Board has no discretion to accept late filings except in exceptional circumstances. If you suspect grounds for appeal, start your preparation the day you receive notification.

The appeal filing fee is prescribed by regulation — currently KES 50,000 for contracts above KES 50M, and KES 10,000-30,000 for lower values (check current fee schedule on the PPRA website). The fee is payable to the PPRA upon filing. You must also provide a copy of your bid submission, the award notice, the specific grounds of appeal clearly stated, and supporting evidence (evaluation criteria from the tender document, your bid, any publicly available information about the award). The Review Board considers only the documents before it — verbal arguments are not accepted.

While your appeal is pending, the procuring entity is legally required to suspend the contract award unless a Certificate of Urgency is granted by the Board. This suspension provision is significant — it means a well-founded appeal can halt a contract award while the Review Board investigates. The Board typically renders a decision within 30 working days. If the appeal is upheld, the Board can order re-evaluation, fresh tendering, or in rare cases, award to the appellant.

Appeal grounds that succeed: demonstrated score miscalculation in technical evaluation, documented evidence of non-compliance by the winning bidder that was overlooked, procedural irregularity in tender conduct (e.g., late bid accepted, mandatory site visit record not maintained), or conflict of interest evidence. Appeals that fail: price complaints alone (being more expensive is not grounds for appeal), general allegations without specific evidence, and missing the 14-day deadline. TenderAI maintains a knowledge base of procurement regulations and can help you assess whether your circumstances meet the threshold for a viable appeal.