23/09/2026
Procurement Integrity: Due Diligence Does Not End With the Award
A recent High Court ruling offers an important reminder for businesses participating in public procurement.
In Kinyua & another v Kenya National Highways Authority & 5 others [2026] KEHC 13617 (KLR), the dispute concerned a tender for the upgrading of the Masara–Muhuru Bay (B1) Road.
The successful bidder had been awarded a tender worth approximately KShs. 3 billion. Following the award, concerns were raised about documents submitted to demonstrate the bidder’s construction experience.
The documents were subsequently disputed by the entity to which they were attributed. KeNHA terminated the procurement process and re-advertised the tender.
The applicants challenged the termination and sought judicial review.
The High Court ultimately declined to grant leave for the judicial review proceedings, finding that the applicants had not established a proper and arguable case warranting the exercise of the Court's supervisory jurisdiction.
For businesses, however, the broader compliance lesson is significant:
• Procurement due diligence should verify the authenticity of critical qualifications, experience and supporting documentation.
• Compliance checks should not be treated as a box-ticking exercise.
• Businesses should maintain proper records supporting every material representation made during a tender process.
• Procurement teams should have clear escalation procedures where the authenticity of submitted documents is questioned.
• Public procurement creates regulatory exposure beyond the commercial value of the contract itself.
For companies seeking to participate in government tenders, procurement compliance should therefore be embedded into the business process from the preparation of the bid through evaluation, award and contract implementation.
Compliance is not simply about winning the tender. It is also about being able to substantiate how the tender was won.