Best Government Contract Lawyers in Vihiga

About Government Contract Law in Vihiga, Kenya

Government contracting in Vihiga County operates within the national public procurement framework of Kenya, with additional county-level procedures for planning and implementation. The Constitution of Kenya requires public procurement to be fair, equitable, transparent, competitive, and cost-effective. In practice, that means tenders must follow clear rules on advertisement, eligibility, evaluation, award, and contract management. County departments, county-owned entities, and the County Assembly each act as procuring entities for their respective needs.

The primary statute is the Public Procurement and Asset Disposal Act, 2015, supported by the Public Procurement and Asset Disposal Regulations, 2020. These laws apply to most county projects and routine purchases in Vihiga, including works, goods, services, consultancy, and public-private partnership arrangements that may be governed concurrently by the Public Private Partnerships Act, 2021. Oversight is provided by the Public Procurement Regulatory Authority at the national level, while any challenges to procurement decisions are generally handled by the Public Procurement Administrative Review Board. Vihiga County also maintains its own procurement plans and internal procedures to align with national law and its budget cycle.

For bidders, successful participation requires good preparation, complete compliance documents, a clear understanding of evaluation criteria, and strict adherence to timelines. For contract managers and subcontractors, it requires careful attention to performance obligations, payment terms, variations, and compliance with anti-corruption and integrity standards.

Why You May Need a Lawyer

You may need a lawyer if you want to bid for a county tender in Vihiga and need help understanding eligibility, documentation, and evaluation rules. Many tenders are rejected for simple non-compliance issues, so legal guidance can reduce risk by ensuring your bid is responsive and competitive while still meeting all mandatory requirements set out in the tender documents and the law.

Legal support is also important if your bid has been disqualified and you are considering an administrative review. The timelines to challenge an award decision are short, and the application must address specific legal grounds with supporting evidence. A lawyer can help assess prospects of success, prepare filings for the Public Procurement Administrative Review Board, and handle any subsequent court proceedings.

During contract performance, lawyers assist with negotiating terms and conditions, drafting or reviewing joint venture agreements and subcontracts, managing variations within legal limits, securing performance instruments, addressing delays and force majeure, and resolving disputes. They can also advise on compliance with tax, labor, environmental, data protection, and anti-corruption laws. If you face allegations of collusive practices or integrity breaches, immediate legal advice is vital to mitigate criminal, civil, or debarment consequences.

Local Laws Overview

Constitution of Kenya Article 227 sets the foundation for procurement in all public entities, including Vihiga County, requiring a system that is fair, equitable, transparent, competitive, and cost-effective. County procurement must be consistent with this constitutional standard and the national statutes.

Public Procurement and Asset Disposal Act, 2015 and Regulations, 2020 establish the full procurement cycle, including planning, methods of procurement, eligibility, evaluation, award, standstill periods, debriefing, contract management, and disposal of public assets. Key elements include open tendering as the default method, thresholds for alternative methods such as request for quotations or restricted tendering, and conditions for direct procurement. The law also provides for preference and reservations policies like the Access to Government Procurement Opportunities program for youth, women, and persons with disabilities, which reserves a set portion of opportunities and may allow tender securing declarations in place of bid securities for eligible groups.

Public Procurement Administrative Review Board handles administrative challenges against procurement decisions. Applications must be filed within strict statutory timelines counted from the date of notification of award or from the occurrence of an alleged breach. The Board issues decisions within legally prescribed periods, and its orders can suspend or nullify procurement proceedings or awards. Parties dissatisfied with the Board decision may seek judicial review or appeal to the High Court as provided by law.

Public Finance Management Act and County Governments Act regulate how Vihiga County plans, budgets, and spends public funds. Procurement must be tied to approved budgets and annual procurement plans. Payment obligations must be managed within the county cash flow framework, and suppliers should follow up on deliverables and invoicing requirements stated in the contract.

Other relevant laws include the Bribery Act, the Leadership and Integrity Act, the Ethics and Anti-Corruption Commission Act, the Data Protection Act, the Employment Act, the Work Injury Benefits Act, the National Construction Authority Act for works contractors, tax and social security laws, and environmental laws such as the Environmental Management and Coordination Act. These laws affect eligibility, conduct during tendering, contract performance, and potential sanctions for breaches.

Standard tender documents provided under the national framework are commonly used and set out evaluation criteria, mandatory requirements, technical specifications, and contract conditions. Awards are typically made to the lowest evaluated responsive tenderer, meaning price is considered only after confirming substantive compliance and technical responsiveness. Contract variations are regulated and must be justified, with cumulative increases limited by law to prevent material changes beyond a defined percentage of the original contract price.

Frequently Asked Questions

How do I find open tenders in Vihiga County

Most county procuring entities publish tender notices through national procurement portals and in newspapers, and may also use county websites and physical notice boards. Contract opportunities are typically listed with clear descriptions, eligibility criteria, site visit instructions if any, and submission deadlines. Always rely on the official tender document for definitive instructions and ensure you obtain any addenda issued before submission.

What documents are usually required to submit a compliant bid

Common documents include a valid business registration or incorporation certificate, KRA PIN and tax compliance certificate, relevant professional or sector licenses such as National Construction Authority registration for works, CR12 or equivalent company ownership records, AGPO certification if applying under preference and reservations, evidence of experience, key personnel qualifications, audited financial statements, bid security or tender securing declaration as applicable, and filled forms in the exact format provided. Always follow the checklist in the tender document.

What is AGPO and how does it work in practice

Access to Government Procurement Opportunities is a national program that reserves a portion of public procurement for youth, women, and persons with disabilities. Eligible enterprises must be properly registered and certified. Many AGPO tenders allow a tender securing declaration instead of a bid bond. All other technical and eligibility requirements still apply, and performance obligations after award are the same standards required of other suppliers unless the tender states otherwise.

Is there a deadline to challenge a tender decision

Yes. An application for review to the Public Procurement Administrative Review Board must be filed within the statutory period, typically counted from the date of notification of award, debrief, or the occurrence of the alleged breach. The timelines are short, so act quickly. Late filings are usually dismissed for being out of time.

Can foreign companies bid for Vihiga County tenders

Foreign bidders can participate unless a tender is specifically reserved or subject to preference and reservations that favor Kenyan citizens or locally produced goods. Foreign firms must meet all eligibility rules, may be required to associate with local entities, and must provide equivalent compliance documentation such as tax status and corporate records that are acceptable under Kenyan law and the tender conditions.

What is a bid security and when is it required

A bid security is a guarantee that the bidder will not withdraw during the validity period and will sign the contract if awarded. It is often required for open tenders and is usually provided as a bank guarantee or insurance bond in the prescribed form and amount. AGPO opportunities often use a tender securing declaration instead. If a bid security is required, failure to include it exactly as specified typically leads to disqualification.

What happens after I am awarded the contract

After notification and expiry of the standstill period, the procuring entity issues a contract for signature. You may need to provide a performance security, insurance, and other documents specified in the tender. A formal commencement order or notice to proceed will define when to start. Manage deliverables against the contract schedule, request approvals for variations where necessary, and submit invoices according to the stated payment terms.

Can a contract price be changed after award

Variations are tightly controlled. Any change must be justified, approved through the prescribed process, and remain within the cumulative limits set by law and the contract. Variations cannot fundamentally alter the scope in a way that undermines competition. Always obtain written approvals before executing changed work or delivering additional quantities.

What are common reasons bids are rejected

Frequent reasons include missing mandatory documents, incorrect bid security, failure to meet technical specifications or experience thresholds, arithmetic errors not treated as per instructions, lack of proper signing or serialization of pages if required, and delivering bids late or to the wrong address. Non-compliance with eligibility criteria or past debarment will also lead to rejection.

How are payment issues handled in county contracts

Payment terms are governed by the contract and the county budget framework. Ensure timely submission of accurate invoices, delivery notes, and acceptance certificates. If delays occur, engage the procuring entity in writing and document all communications. Persistent non-payment may trigger contractual remedies or dispute resolution processes as provided in the contract and applicable law.

Additional Resources

Public Procurement Regulatory Authority - policy guidance, standard tender documents, debarment lists, and oversight of procuring entities.

Public Procurement Administrative Review Board - administrative body that hears tender disputes and can suspend or nullify procurement actions.

National Treasury and Planning - oversight of the Integrated Financial Management Information System and public finance policies affecting procurement.

Vihiga County Government Procurement Department - county-specific procurement plans, tender notices, and supplier registration information.

Vihiga County Assembly Procurement Unit - procurement by the legislative arm of the county government.

Ethics and Anti-Corruption Commission - reporting corruption, receiving guidance on integrity requirements, and enforcement of anti-bribery laws.

Office of the Attorney General and Department of Justice - legal policy, model contracts, and guidance on public sector contracting.

Kenya Revenue Authority - tax compliance certificates, PIN registration, and VAT or withholding tax guidance related to contracts.

Business Registration Service - company registration records such as CR12, business name registration, and beneficial ownership filings.

National Construction Authority - contractor registration and compliance for building and civil works contracts.

Next Steps

Clarify your objective. Decide whether you need help preparing a bid, challenging an award, negotiating contract terms, or resolving a performance dispute. The legal strategy and timelines will differ for each scenario.

Gather your documents. Assemble incorporation records, KRA PIN and tax compliance certificate, relevant licenses such as NCA registration for works, AGPO certification if applicable, past performance references, audited accounts, and templates of common bid forms. Confirm the exact requirements in the specific tender document.

Monitor official notices. Track tender advertisements, addenda, clarification responses, and award notifications. Ensure you attend any mandatory site visits or pre-bid meetings and submit questions within the time allowed.

Seek early legal advice. Engage a lawyer experienced in public procurement in Vihiga and Kenyan law to review the tender, assess eligibility, confirm responsiveness of your bid, and help prepare or review key forms and securities. If considering an administrative review, consult counsel immediately to avoid missing statutory deadlines.

Plan compliance and performance. Before bidding, confirm you can deliver the scope, meet timelines, secure performance instruments and insurance, comply with tax and regulatory requirements, and manage subcontractors or joint venture partners with clear written agreements.

Document everything. Keep records of communications, clarifications, delivery notes, site instructions, approvals, and payment follow ups. Accurate documentation supports successful contract management and strengthens your position in any dispute.

This guide provides general information and is not legal advice. Laws and procedures change, and specific facts matter. For tailored assistance on a Vihiga County procurement or contract, consult a qualified Kenyan procurement lawyer.