ADVOKS GLOBAL · KENYA
Public Procurement and Asset Disposal Act
176. Prohibitions and offences
Edition: 2022-12-31 · In force
176. Prohibitions and offences
(1)A person shall not—(a)obstruct or hinder a person carrying out a duty or function or exercising a power under this Act;(b)knowingly lie to or mislead a person carrying out a duty or function or exercising a power under this Act;(c)delay without justifiable cause the opening or evaluation of tenders, the awarding of contract beyond the prescribed period or payment of contractors beyond contractual period and contractual performance obligations;(d)unduly influence or exert pressure on any member of an opening committee evaluation committee and disposal committee or on any employee or agent of a procuring entity or the accounting officer to take a particular action which favours or tends to favour a particular tenderer;(e)open any sealed tender, including such tenders electronically submitted and any document required to be sealed, or divulge their contents prior to the appointed time for the public opening of the tender or documents except for tenders inadvertently opened under section 77(6);(f)divulge confidential information under section 67;(g)inappropriately influence tender evaluations;(h)split procurements contrary to section 54 of the Act;(i)commit a fraudulent act;(j)knowingly withholds the notification of award to a successful tenderer;(k)knowingly withholds notification to unsuccessful tenderer;(l)sign a contract contrary to the requirements of this Act or Regulations made thereunder; or(m)contravene a lawful order of the Authority given under Part IV or the Review Board under Part XV.(2)A person who contravenes the provisions of subsection (1) of this section, commits an offence and shall be liable upon conviction—(a)if the person is a natural person, to a fine not exceeding four million shillings or to imprisonment for a term not exceeding ten years, or to both;(b)if the person is a body corporate, to a fine not exceeding ten million shillings.(3)In addition to the penalty under subsection (2), a state or public officer involved shall be subject to internal disciplinary action while any other person who is not a state or public officer shall be debarred.(4)If a person or an employee or agent of a person contravenes the provisions of this Act, the following shall apply—(a)the person shall be disqualified from entering into a contract for the procurement; or(b)if a contract has already been entered into with the person, the contract shall be voidable at the option of the procuring entity.(5)A procuring entity may lodge a complaint with the relevant professional body for the institution of disciplinary proceedings against a contractor who is a member of a professional body and who contravenes the provisions of this Act.(6)The penalties imposed by a professional body pursuant to a complaint lodged under subsection (5) shall apply in addition to any penalties that may be imposed under this Act.