Kenyan auction process flawed says bidder

18 Aug 2004

One of the bidders in the Kenyan government’s recently postponed auction of a second national fixed line operating licence has complained that the tender process is unfair. Taifa Company says that the regulator, the Communications Commission of Kenya (CCK), has not abided by procurement legislation, claiming that a rival company had its bid short-listed in the pre-qualification stage despite failing to prove that it was 30% Kenyan-owned as required under the terms of the auction, and that its bid documents were then amended after the submission date. It also says that the CCK failed to appoint an independent tender committee and that it did not reveal the full extent of its power to reject a bid.