Kenya Railways has come under renewed scrutiny over its procurement processes after documents reviewed show a string of contested tender decisions that have triggered bidder complaints, raised questions over evaluation criteria, and exposed the State agency to potential legal and financial fallout.
Court documents filed by activist Francis Owino reveal that in several tender processes, bidders protested their disqualification at technical stages, while others questioned how winning firms were determined — a pattern procurement experts say often points to either weak internal controls or undue influence in public tendering.
According to the records, some firms challenged the grounds used to eliminate them, arguing that tender requirements were applied inconsistently across bidders and that the evaluation process failed to meet the threshold of fairness required under public procurement law.
Technical disqualification remains one of the most contentious stages in public procurement, as it can determine the winner long before financial bids are opened — and is often where disputes begin.
The documents further raise concerns about whether Kenya Railways consistently adhered to mandatory procurement procedures that have become a major issue which includes’
clarity and consistency of technical scoring
documentation of evaluation decisions,
handling of bidder clarifications and
communication of disqualification reasons.
Governance analysts warn that repeated disputes in one institution rarely occur by accident, and often signal deeper vulnerabilities that can be exploited by procurement cartels.
The tender disputes could expose Kenya Railways to review applications, appeals, and litigation — processes that frequently delay service delivery and inflate project costs.
Such disputes also carry taxpayer risk, as prolonged procurement battles can result in repeat tendering, emergency contracting, or compensation claims.
Kenya Railways is among the country’s most strategic State agencies, playing a key role in passenger transport, freight logistics and national infrastructure.
But analysts warn that if procurement controversies persist, they risk undermining public confidence and weakening the credibility of an institution central to Kenya’s economic infrastructure.