Court upholds KNEC's lucrative exam distribution tender
Justice Chigiti concluded that there were no grounds to overturn the procurement process, confirming that Knec and the PPRB acted lawfully.
The High Court has dismissed an attempt by two logistics companies to overturn the Kenya National Examinations Council’s (KNEC) award of a major exams distribution contract, allowing the council to proceed with the successful bidder.
Justice John Chigiti ruled against the joint venture of Mitchell Cotts Freight Kenya Limited and Fintech Edge Co. Ltd, which had claimed that KNEC and the Public Procurement Review Board (PPRB) mishandled the tender process for the “Provision of End-to-End Integrated Logistics System and Related Services During Administration of Examinations and Assessments.”
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The decision clears the way for Africa Global Kenya Limited to take on the contract.
“This court finds that the board acted legally in dismissing the request for review, given that it was not filed within 14 days of notification of award. No procedural irregularity has been established by the applicants,” Justice Chigiti said.
The two firms had submitted a joint bid after the tender was advertised on March 14, 2025, but their application was rejected during the technical evaluation.
Among the shortcomings were failure to provide client recommendation letters addressed to KNEC’s CEO with supporting contracts or purchase orders, and submitting documents from an entity outside the joint venture.
The PPRB upheld this disqualification.
In their judicial review application filed on July 31, 2025, the companies challenged the extension of the submission and opening deadline on June 17, 2025, which had moved from 10:00 am to 4:00 pm on the same day.
They asked the court to set aside the board’s rejection of their review request.
The applicants also alleged that their legal representative at the PPRB switched sides and joined KNEC’s legal team without their consent, with the law firm delegating the matter to another firm, which they claimed was unethical conduct.
Justice Chigiti concluded that there were no grounds to overturn the procurement process, confirming that Knec and the PPRB acted lawfully.
With this ruling, Africa Global Kenya Limited can now implement the exams logistics services contract.
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