Nairobi, July 1 -- The High Court has abolished mandatory financial deposits for procurement disputes, removing one of the biggest financial barriers facing companies seeking to challenge the award of government tenders.

The court declared unconstitutional provisions of the Public Procurement and Asset Disposal Act and the Public Procurement and Asset Disposal Regulations, 2020, that required bidders to pay deposits linked to contract values before filing cases before the Public Procurement Administrative Review Board or seeking judicial review in the High Court.

In a judgment that could widen access to the procurement review system, the court found the requirements violated constitutional guarantees of access to justice, a fair hearing...