Swearing in of New Members to the PPDA Appeals Tribunal.
On August 13, 2014, new members of the\r\nPublic Procurement and Disposal of Assets\r\nappeals tribunal were sworn in at the Commercial Court. The ceremony was\r\npresided over by the Acting Principal\r\nJudge, Hon. Justice David Wangutusi.
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The Hon. Judge congratulated the\r\nmembers who had been sworn in noting that he had no doubt that the members would\r\ndischarge their functions with distinction, excellence and fairness guided by\r\nthe cardinal principles of justice.
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The\r\nrole of the PPDA Tribunal is provided in Section 91 (I) of the PPDA Act.
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The Tribunals major role is to review decisions by the Authority under the following instances:-
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(1)\r\nA bidder who is aggrieved by a decision made by the Authority under section\r\n91(4)
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(2)\r\nA bidder who alleges that the Authority has a conflict of interest in respect\r\nof a matter before the Authority and who believes that the matter cannot be handed\r\nimpartially by the Authority, may apply to the Tribunal for a determination of\r\nthe allegation and where necessary, of the matter that was before the\r\nAuthority.
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In\r\naddition to subsections (1) and (2) above, the Tribunal has power to review a decision\r\nof the Authority where an application is properly made to the Tribunal by a\r\nprocuring and disposing entity or by any person whose rights are adversely\r\naffected by a decision made by the Authority.
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The\r\nis Tribunal is required to make reasoned decisions in writing within a period\r\nof not more than ten working days after receiving an application for review.
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This wide and sweeping mandate of the\r\nPPDA Tribunal commands the Tribunal to carry out its responsibilities well in a\r\nsober, candid and informed manner. This is particularly so, because the future\r\nof effective and efficient government based on value for money lies on an efficient\r\nprocurement function.
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Hon. Justice Wangutusi in his speech told\r\nthe members that they would be judged by how many procurements are done based\r\non value for money and on the other side of the coin, the speed at which they resolve\r\nthe business before them.
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He encouraged the new members to focus\r\ntheir energies not on the processes but on the results, which in this case are\r\nthe decisions. He informed the members that the oath they had taken would guide them in their day to day work and as\r\nmembers of the tribunal; he further informed them that they are clothed\r\nwith quasi judicial functions to try cases of indiscipline and that would necessitate\r\nthem to observe as a minimum; the rule of natural justice.
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He also advised the members to avoid bias both in\r\nreal and perceived terms and to be guided by the evidence before them and not intuitions\r\nor rumors, and above all, to be fair to those who appear before them.
Full speech.
Posted 13th, August 2014
