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Public Procurement and Law of Contract in Kenya

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Submitted By muchirijw
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Essentials of a Contract

As a senior manager in the procurement section of the Ministry, I would advise the following: there was a contract i.e. an agreement; an offer and its acceptance, an agreement that had essential elements.
The first was that there was a proper offer and acceptance which were officially and unconditionally communicated. Further there was an intention to create a legal relationship by the two parties after fulfillment of the tender requirements, to construct a modern administration block. Thus the objective of the agreement was lawful i.e. within the parameters and boundaries of the laws that govern construction and the tendering process. There was consideration in the agreement thus making the objective of the agreement acceptable i.e. a consideration of something in return. The agreement for the works was for a legal project with wording of the agreement clear and not uncertain or vague i.e. certainty of meaning of what was required in relation to the work to be done.
The agreement was done and perceived to be free of:
i. Coercion ii. undue influence iii. Frau iv. Misrepresentation
v. Mistake.
The agreement therefore was made with free consent of both parties in their capacity to contract. Both parties were of sound mind and of age to enter into a valid agreement as per requirements spelt out in the tender process. In the agreement there was also the possibility of performance of the work advertised hence validating the contract at hand.
The official contract had not been signed however due the fact of official communication and unequivocal, unconditional acceptance in writing, the agreement had adhered to legal formalities. Finally, the agreement had not bee expressly declared void i.e. agreement had been done without restraint of legal proceedings, restraint of trade, and by way of wager. Therefore there was a legal and

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