Kenya: Court Orders Fresh Review of Kengen Carbon Credits Tender

# Kenya Court Orders Fresh Review of KenGen Carbon Credits Tender

Kenya's Court of Appeal has mandated a fresh review of a disputed carbon credits tender process involving the Kenya Electricity Generating Company (KenGen). The ruling centers on a procedural violation in how the tender was conducted, specifically addressing whether procurement entities can alter evaluation standards during the due diligence phase.

The court determined that procurement entities cannot introduce new evaluation criteria during the due diligence stage of a tender process. This principle appears central to the court's decision to order the tender be reconsidered, suggesting that evaluation criteria must be established and remain consistent from the tender's initial announcement through its completion.

The case highlights governance and procurement compliance concerns in Kenya's energy sector. The decision requires KenGen to conduct a fresh review of the carbon credits tender, indicating the original process contained procedural irregularities that warrant a complete restart of the evaluation.