Public Procurement Of Banking Services In Kenya: An Appraissal Of The Existing Legislative Framework

Abstract

The study seeks to clarify and resolve the apparent incongruence between the Public Procurement and Asset Disposal Act, 20151 and the Public Finance Management Act2. The conclusion is that much as the two statutes derive their existence out of the Constitution and in particular Articles 201 and 227 hence are complementary on matters touching on public procurement, the PPADA 2015 nevertheless prevails over the PFMA 2012 on matters dealing with public procurement as it is the more specific law on procurement including banking. It is also the latest in enactment. The finding is that public procurement including that of banking services should be subject to the PPADA 2015 if at all the principles of procurement3 are going to be realised and remain meaningful. The upshot of the study is that the PFMA 2012 merely sets the requirements for approvals of banking arrangements and banking facilities while the PPADA 2015 establishes the procedure for the sourcing of among others banking services which procedure must be complied with as a condition precedent for any approvals for banking arrangements as anticipated and referred to in the PFMA 2012.