Public Procurement and Asset Disposal Act

38. Order by the Director-General

Edition: 2022-12-31 · In force

38. Order by the Director-General

(1)If, after considering the report of an investigator, the Director-General is satisfied that there has been a breach of this Act, the Regulations or any directions of the Authority, the Director-General may, by order, do any one or more of the following—

(a)direct the procuring entity to take such actions as are necessary to rectify the contravention;

(b)terminate the procurement or asset disposal proceedings;

(c)prepare and submit a summary of the investigator's findings and recommendations to the relevant authorities for action; or

(d)require the procuring entity to transfer procuring responsibilities of the subject procurement to another procuring entity.

(2)Before making an order under subsection (1), the Director-General shall give the following persons an opportunity to make representations—

(a)the procuring entity; and

(b)any other person whose legal rights the Director-General believes may be adversely affected by the order.

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Source: Kenya Law