Treasury Cabinet Secretary Njuguna Ndung’u has banned Jofrim E.A. Company Limited from participating in government tenders.
In a Gazette Notice released on Friday, January 26, the CS barred the company from participating in public procurement and asset disposal proceedings for a period of three years.
The debarment notice took effect on November 12, 2023.
“It is notified for the general information of the public that pursuant to the powers conferred on the Cabinet Secretary, Jofrim E.A. Company Limited has been debarred by the Public Procurement Regulatory Authority from participating in public procurement and asset disposal proceedings on the grounds specified in section 41 of the Public Procurement and Asset Disposal Act, 2015, for a period of three (3) years, with effect from November 12, 2023,” read the notice in part.
A photo of the National Treasury building.
According to the Act, an individual or company is barred from participating in procurement or asset disposal proceedings under several grounds including committing an offence under Kenyan Law, breaching a contract for procurement by a public entity including poor performance, and giving false information about their qualifications.
Other grounds include; refusal to enter a written contract, breaching the code of ethics issued by the Public Procurement Regulatory Authority or defaulting on tax obligations.
An individual or company may also be debarred if guilty of corrupt or fraudulent practices or guilty of a serious violation of fair employment laws and practices.
The scope of debarment may also extend to not performing according to professionally regulated procedures or upon recommendation of a law enforcement organ with an investigative mandate.
In this case, Kenyans.co.ke could not independently verify under what ground the Treasury Ministry debarred the above-mentioned company.
The Act further prescribes that once ascertained, a debarment period must last more than three years.
Aggrieved parties in the debarment procedures can, however, seek judicial review for the authority’s decision at the High Court within fourteen days after the decision is made.
The debarment applies to all public procurement or asset disposal proceedings.
Treasury CS Njuguna Ndung’u during a meeting with UN officials at his office on February 24, 2023.
The National Treasury