Rules for Procurement – and where to find them
“When a State organ or any other public entity contracts for goods or services, it shall do so in accordance with a system that is fair, equitable, transparent, competitive and cost-effective.” This is what Article 227 of the Constitution of Kenya provides as the overall principle on public procurement.
But public procurement is the most susceptible to corruption because there is a lot of tax payer’s money around.
In Kenya, there is an elaborate legal framework for public procurement. The main law is the Public Procurement and Asset Disposal Act, 2015. When investigating a case that happened before Jan 7. 2016, check the old Public Procurement and Disposal Act (pdf) to see if there were differing provisions in that Act.
In addition, there are regulations (ext. link), manuals (ext. link) and periodic circulars (ext. link) issued by relevant government bodies.
These can all be be found on the Website of the Public Procurement Oversight Authority.
On the RoGGKenya-Website you find the public_procurement_regulations_2006, as well, which are still in effect.
Oversight
The main bodies involved in management of and oversight over procurement in Kenya include the Treasury, Office of the Auditor General and the various procurement entities at Ministries Departments and Agencies of the two levels of Government.
Bodies involved in Regulating Public Procurement in Kenya:
Some agencies involved in regulating public procurement in Kenya are the Public Procurement Oversight Authority and the Public Procurement Administrative and Review Board.
In his reports, the Auditor General frequently mentions public procurement cases that were not handled according to the law. They are a good starting point for learning where the loopholes are.
Reporting Hints
It will require a journalist to engage directly with the procurement entities at the county including the Head of the County Procurement Department, Chief Officers of the respective Departments and respective tender committee. For example, if there is a query regarding procurement of water pipes by a municipality, it will also require a journalist to engage directly with the procurement entities at the county including the Head of the County Procurement Department, Chief Officers of the respective Departments and respective tender committees.
