Two foreign firms have challenged a decision by the Communications Authority of Kenya (CA) to cancel a Sh4 billion tender for a Revenue Assurance System (RAS), insisting the process was unfairly terminated.
Mobileum Inc., based in Delaware, USA, and South Africa’s TrillCom Pty Limited have filed an application at the Public Procurement Administrative Review Board (PPARB), seeking orders to reinstate the procurement process. The case, filed under Application No. 88 of 2025 on August 6 through the law firm of Allamano & Associates, cites alleged constitutional violations by the regulator.
The tender in dispute, reference number CA/SCM/PQ/06/2024-25, was an open international prequalification bid for the supply of a revenue monitoring system. CA cancelled it on July 14, arguing the move was made in good faith and within the law.
However, the two firms contend that the cancellation was unlawful and procedurally unfair. In court papers, they argue that they had fully complied with the eligibility and technical requirements, including an annual turnover of Sh25 billion (US$200 million) for the past three years. They say they were blindsided by the mid-process termination despite meeting all set thresholds.
TrillCom’s Chief Operating Officer, Thabiso Madonsela, in a sworn affidavit, maintained that the CA’s actions violated Article 47 of the Constitution, which guarantees the right to fair administrative action. The firms claim they were denied prior notice, an opportunity to be heard, and clear reasons for the decision—standards they insist are mandatory for public bodies exercising statutory powers.
“This duty includes providing prior notice, a fair opportunity to be heard, and a clear statement of reasons. CA’s failure to observe the minimum standards offends the rule of law and renders the decision constitutionally infirm,” the application states.
The bidders now want the PPARB to compel CA to resume the evaluation process and conclude it in line with procurement law. CA Director General David Mugonyi and the Authority’s board have been listed as respondents in the case.
The Review Board has since heard the matter and is expected to deliver its verdict on notice.
