The Kenya Medical Supplies Authority (Kemsa) has been given the green light to proceed with the purchase of antiretroviral (ARV) drugs worth Sh2.8 billion, following a ruling by the Public Procurement Administrative Review Board (PPARB).
The approval comes at a time when Kenya faces fragile drug stocks and funding uncertainties that have strained efforts to fight HIV/Aids.
Kemsa had awarded the $22 million (Sh2.84 billion) contract for adult ARVs to Indian firm Hetero Labs Ltd after it emerged as the lowest evaluated responsive bidder at $7.29 per pack.
The award was challenged by Canadian company Pharmachoice Pharmaceuticals Ltd, which was disqualified during the preliminary stage for failing to meet mandatory requirements.
Pharmachoice argued that it was unfairly excluded and not properly notified of the tender results, claiming procedural flaws in the process.
The board examined whether Kemsa had communicated the results appropriately and whether Pharmachoice’s disqualification was justified. The review confirmed that Pharmachoice’s tax compliance certificate had expired on March 24, 2025, making it ineligible under Section 55 of the law.
While Kemsa initially sent the notification to the wrong email address, the board found that the company eventually received it and could have sought review.
PPARB directed Kemsa to issue a corrected notification and instructed the authority to continue and supervise the procurement to its lawful conclusion, in line with the Public Procurement and Asset Disposal Act.
Pharmachoice said it only learned of the bid outcome in mid-December after visiting Kemsa offices, weeks after other bidders were informed.
The decision ensures continuity in ARV supply, which is vital for the health of the estimated 1.4 million people living with HIV in Kenya.
Supply stability has been threatened by a freeze on U.S. funding under the President’s Emergency Plan for Aids Relief, which has disrupted procurement timelines.
The ruling reinforces Kemsa’s role in maintaining access to life-saving medication across the country.
