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Swiss firm Sicpa SA, which also operates the digital tax stamps system in Uganda, has lost a second appeal in Kenya, in which it was challenging a clause introduced by the Kenya Bureau of Standards (Kebs), that was allegedly used unfairly to lock it out of a tender for the provision of standardisation mark stickers.

The Court of Appeal said a procuring entity is permitted to customise its bid document to suit its needs.

Kenya’s Justices Daniel Musinga, Sankale ole Kantai and John Mativo noted that this was an open international tender and that Kebs acted lawfully by ensuring that all bidders, whether from Kenya or outside the country, who may have committed malpractices relating to the matters cited in the clause, do not take advantage of the absence of such a clause.

"In our view, such a clause not only enjoys constitutional underpinning under Articles 10 and 227 but is also aimed at ensuring that public procurement and asset disposal is not polluted by unethical and unscrupulous tenderers," ruled the judges.

The judges added that being an international tender, it was important that the bidders be entities of proven ‘corporate hygiene’ both in Kenya and in the countries, where they are incorporated at or other countries where they operate.

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