Kenya: A suit challenging a multi-million shillings tender by the Kenya Medical Supplies Authority ( Kemsa) that had paralysed the supply of surgical equipment to public hospitals has been dismissed.
The Public Procurement Oversight and Review Board dismissed the application by Leadstar Company Limited, which wanted the procurement of non-pharmaceutical surgical tubes, blades and cannulas and safety boxes nullified. “The board notes that this tender involves the issue of supply of equipment which are to be used in public hospitals for the treatment of patients and notwithstanding the fact that the board has already found that all the grounds for review set up by the applicant lack merit. It would be in public interest if patients can access the equipment without any further undue delay,” the board ruled.

Board chairman Paul Gicheru, who read the verdict, added that the company had failed to clinch the tender after it failed to meet some of the requirements which included the labeling of equipment.

“Failure to properly label the supplies would open a floodgate for counterfeited goods,” said Gicheru. Leadstar had sought for a review on the grounds that Kemsa had violated the Public Procurement and Disposal Act, the Public Procurement and Disposal Regulations and the Constitution by evaluating the company’s tender document contrary to instructions to bidders and requirements of the tender document.