The County Governor is – surprisingly enough rarely legally responsible for failures in good governance, because he does not sign any procurement documents or the like. But – just one example – the Kenyan senate as a supervising body may try to impeach him. For details see the page County Governor In contrast to the … Continue reading “The Governor isn’t really accountable in his County”
This is the most successful toolbox page on RoGGKenya.org! Read concisely about the methods for tenders in Kenya – and compare to what is happening in reality. The use of the wrong tender methods, leading to tender rigging, is a frequent complaint in the Auditor General reports on government entities. These are the relevent laws … Continue reading “Methods of Procurement”
Years before the Access to Information Act, there already were laws in place that required state entities to publish and publicize routinely what they do and what the citizen should know about. Some of them have not been followed for all those years. Check where access to information provicions are being followed and where not … Continue reading “Access to Information is not just a Matter of the specialized Act”
Five years after the launch of AGPO, an assessment by media is worthwhile: whether the initiative reached the intended goals of allowing marginalized groups preferred access to government contracting opportunities. On July 29th 2012, former President Mwai Kibaki launched the Access to Government Procurement Opportunities (AGPO) initiative after the realization that in addressing the issue … Continue reading “Is Public Procurement really favouring the Disadvanged?”
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 … Continue reading “Public Procurement Rules and Bodies”
Part IV (ext.link) of the Public Procurement Rules sets out the general procurement rules. At the County level, procurement is guided by the County Governments Procurement Regulations of 2013. (ext. link) There are five tender committees established at county governments by the regulations.
Procurement related corruption is common in Kenya. The most serious scandals that have ever happened in Kenya involve procurement. Examples include the Anglo-Leasing Scandal, NHIF Civil Servants Medical Cover Scheme, IEBC BVR Kits, NSSF Tassia Estate and Standard Gauge Railway Scandal. The Auditor General (OAG) of Kenya often points out a number of breaches relating to procurement … Continue reading “Common Breaches of Procurement Rules and Regulations”
The Public Procurement and Asset Disposal Act commenced in January 2016 as it simply provides procedures for efficient public procurement and for assets disposal by public entities.
The objective of this Act is to ensure all “public finances are managed at both the national and the county levels of government in accordance with the principles set out in the Constitution; and public officers who are given responsibility for managing the finances are accountable to the public for the management of those finances … Continue reading “PFMA – Public Finance Management Act, 2015”
The Public Procurement Administrative Review Board (PPARB) was set up as an appeal board for those whose rights have been violated during the public procurement process. The administrative fee is Ksh 5,000 for tenders with ascertainable value of a minimum Kshs 20,000 depending on the value in question. The complainant must state why specifically he … Continue reading “Public Procurement Administrative Review Board”
From 2016, the Public Procurement Oversight Authority (PPOA) is transiting into the new Public Procurement Regulatory Agency (PPRA). see Section 8 of the Public Procurement and Asset Disposal Act, 2015…
25,000 enterprises have been registered and are eligible for this preferred tendering. Who are they in your county?
Tendering Rules for Special Groups Procurement for special groups including youth, women and persons with disabilities. The Public Procurement and Disposal (Preference and Reservations) Regulations 2011 (ext. link) provide a framework that guides this. These regulations cover groups or regions that have been disadvantaged over time and cannot be able to compete favorably with more established … Continue reading “Tenders for special Groups”
Public procurement ist the area that is most susceptible to corruption, because there is a lot of tax payer’s money around.
If there is a conflict of interest in a public matter, any agent for the state in the matter is obliged to disclose this conflict. Otherwise an offence is committed. Legal Source: Section 42 of the Anti-Corruption and Economic Crimes Act