This book presents the results of a three-year research project based at
the Ruhr-University Bochum, financed by the Fritz Thyssen Foundation,
Cologne. Corruption in public procurement is widespread and particularly
damaging to development objectives, as it undermines any state's duty to
maximize the social and economic welfare of its citizens. Yet, research
on country-specific regulation meant to address this problem has
remained scarce. This book aims to fill this gap by providing a
systematic comparative analysis of supplier remedies mechanisms in
Kenya, Uganda and Tanzania. It elaborates on the potential of legal
remedies to serve as anticorruption tools. Based on the fact that the
anti-corruption effect of remedies mechanisms depends ultimately on the
actual use by suppliers, three main factors are discussed: (1) the
institutional setting and independence of the remedies systems; (2)
their accessibility for aggrieved bidders; and (3) their efficiency,
driven by bidder's cost-benefit analysis and including the aspects of
procedural fees, duration, available relief and prospects of success.
The assessment of the legislation is complemented by information gained
from various stakeholders such as public procurement authorities,
development organizations, NGOs and scientific experts. Despite many
similarities of the systems due to their common historical background,
the analysis identifies remarkably different regulative and
institutional approaches, and discusses their more or less supportive
effects on the use of supplier remedies mechanisms.
