Implementation of the Public Procurement and Asset Disposal Act, 2015, and the Performance of Independent Constitutional Commissions in Kenya

Abstract

In Kenya, the public procurement system has evolved over the years and is currently regulated by PPDA, 2015. Procurement systems in Kenya were regulated by Treasury Circulars from 1969.The Public procurement processes are very complex and are very significant to the operations of different firms, more specifically the public organizations. The objective of this study is to determine the impact of implementation of PPDA, 2015 on the performance of the independent constitutional commissions in Kenya. The study adopted a cross sectional descriptive research design. For the purposes of this study, the population of interest was the eleven independent constitutional commissions in Kenya. A census was carried out in the study. Primary data was collected using interviewer administered questionnaires. The filled questionnaires were inspected and edited for completeness. Descriptive statistics and regression analysis were used to analyze the data. The study established that Public Procurement and Asset Disposal Act 2015 has a significant positive impact on the performance of the independent constitutional commissions in Kenya. Further it revealed that sensitization of independent constitutional commissions has a significance and positive relationship with performance of independent constitutional commissions. It was also noted that since introduction of the new act the commission had increased accountability of public resources and the procurement functions were well configured. The study also revealed that commission rewards has promoted ethical standards and mismanagement of resources has reduced in the commissions. The study has established that suppliers have improved the quality of goods and services they provide and all Supplier evaluation criteria are being followed in the commission. . Study also revealed that when the level of competence of procurement staff increases by one unit it leads to an increase in performance of independent constitutional commissions. The study established the following as the main challenges facing the independent constitutional commissions; poor execution of legal mandates of procurement entities.inadequate integrity and lacked transparency of the staffs. Other challenges include lack of sensitization, Corruption and bribery, incompetence of staff and Weak institutional frame work. Finally it has been revealed that due to the new act corruption and bribery for tender awards has reduced leading to better service delivery in the commission. The study recommends that the independent constitutional commissions should consider investing in human capital competency since this is a major factor that influences proper implementation of the PPDA, 2015.the study faced difficulty in accessing confidential information and studies done in the developing world. This study focused on the independent constitutional commissions in Kenya. Therefore, this study recommends the same study to be done on universities and other government institutions a cross the country.