The Public Procurement Act R:E 2022

1. In this Schedule “appointing authority” means- (a) in the case of Chairman, and Executive Secretary of the the Public Procurement Appeals Authority, President of the United Republic; and (b) in the case of members of the Appeals Authority, the Minister responsible for finance.

2.-(1) The Chairman and members of the Appeals Authority shall be appointed for a period of three years and shall be elig ible for re-appointment fo r a further period of three years. (2) Under exceptional circu mstances, the appointing authority may extend the tenure of a member for a period not exceeding six months from the date of expiry of the initial period of appointment. (3) The appointing authority may the appointment of the Chairman, members and Executive Secretary at any time for- terminate (a) abuse of office; (b) corruption; (c) incompetence; (d) any physical or mental incapacity that renders a person incapable of performing the duties of that office; (e) failure to attend three consecutive meetings of the reasonable Appeals Authority meetings without grounds; (f) conviction of an offence involving moral turpitude; or (g) being adjudged bankrupt by a court of law. 92 Public Procurement Act [CAP. 410 R.E. 2022] Notice of hearing Cap. 4 s. 8 Proceedings of Appeals Authority Quorum (4) Any member of the Appeals Authority may resign upon giving one month's notice in writ ing to the appointing authority. (5) Where a member is absent for three consecutive meet ings without providing reasonable excuse, the Appeals Authority shall advise the appointing authority to terminate the appointment of that member and appoint another member in his place.

3.-(1) The hearing of the Appeals Authority shall be convened by the Chairman o r in h is absence or inability to act , the Executive Secretary, by a notice specifying the date, time and place of such hearing which shall be sent to each member at his usual place of business or residence not less than two full working days before the date of such hearing. (2) The Chairman or in his absence or inability to act, the Executive Secretary shall convene a special meeting upon receipt of a request in writing signed by not less than three members of the Appeals Authority save that such requests shall not be made without justifiab le cause. (3) The Appeals Authority may act notwithstanding any vacancy in its membership. (4) An act or proceedings of the Appeals Authority shall not be invalid by reason of any defect or irregularity in the appointment of any member or by reason that any person who purposed bona fide to act as a member at the time of the act or proceedings was in fact disqualified or not entitled to act as a member.

4.-(1) In resolving disputes or complaints, the Appeals Authority shall conduct proceedings in accordance to the rules made under this Act. (2) Where the rules are silent in relation to any particular practice or procedure the proceedings of the Appeals Authority shall be conducted in accordance with such rules of practice and procedure as the Appeals Authority may specify.

5.-(1) In any meeting of the Appeals Authority, three members shall form a quoru m for a hearing of rev iew or an appeal. (2) In the absence of the Chairman, the members present at a meeting of the Appeals Authority shall select one of their members to act as Chairman for that meet ing and the member who is selected shall be responsible for reporting the findings of such meet ing to the Chairman. (3) At any hearing of the appeal or co mplaint, the decision of the majority of the members present shall be recorded as a decision of the Appeals Authority, save that a member who diss ents fro m that decision shall be entitled to have his decision and the 93 Public Procurement Act [CAP. 410 R.E. 2022] reasons thereof be recorded in the minutes of that meeting. Records of Appeal

6.-(1) Proceedings at the hearing by the Appeals Authority shall be recorded in writ ing by the members or by any other authorised person. (2) The records of every proceedings of the Appeals Authority shall be signed by the members present and the Chairman or a person presiding over. Notification of decision

7. Notification of decision made by the Appeals Authority and all other communications sent on its behalf shall be signed by the Executive Secretary o r by an officer of the secretariat who has been authorised in writ ing to act on behalf of the Executive Secretary. Fees and allowances

8. The Minister may prescribe fees and allowances which may be payable to the Chairman and Members of the Appeals Authority. __________________________ 94