Diversity, equality, and inclusion: A case for public procurement bid disputes management in an emerging market

Abstract

Bid disputes arise when aggrieved bidders appeal decisions of procuring entities. It is through procurement appeals that issues of discrimination, inequality, and exclusion are challenged (Canayaz et al., 2022). However, the marginalized groups of youth, women, people living with disabilities, and micro, small and medium enterprises (MSMEs) rarely pursue this avenue of procurement justice. This is despite public procurement growing into an important avenue for helping governments achieve various development objectives (Organisation for Economic Co-operation and Development [OECD], 2013). The objective of this study was to assess diversity, equality, and inclusion (DEI) in the management of bid disputes in Kenya. Content analysis of all the bid dispute cases that were heard and determined by the Public Procurement Administrative Review Board (PPARB) between 2011 and 2020 was conducted. In addition, requests for review procedures and guiding laws were reviewed. Descriptive data analysis supported by deductive reasoning was thereafter conducted. It was established that the procurement appeals system in Kenya does not favor the disadvantaged categories of youth, women, people living with disabilities, and MSMEs thus promoting discrimination, inequality, and exclusion. In addition to contributing to the body of knowledge, this research proposes policy direction regarding the management of public procurement bid disputes in Kenya with a special focus on DEI.