| dc.description.abstract | Transparency is one of the key objectives of public procurement law in Kenya. The main
legal framework governing public procurement is the Constitution of Kenya 2010, the Public
Procurement and Disposal Act No. 3 of 2005 (PPDA), and the Public Procurement and
Disposal Regulations, 2006 (PPDR). The PPDA and PPDR, stipulates the procedures to be
followed in the public procurement process. They are expected to ensure that the objective of
transparency in public procurement is realized. The law envisages transparency standards in
all stages of public procurement from access to invitations to public bids, tender opening,
evaluation of bids and disclosure of evaluation criteria, information on the results of specific
procurement transactions and availability of review mechanisms for decisions involving
tenders and prompt and impartial resolution of disputes. Although rules exist to guide the
public procurement process, there are instances pointing to the lack of transparency in the
tendering process due to among other reasons the wide discretionary powers in the process
leading to award of public tenders. Such discretion is prone to abuse by procuring entities to
the detriment of the bidders. This study is limited to the transparency standards in the public
procurement process from access to invitations to public bids, tender specifications, tender
opening, evaluation of bids and disclosure of evaluation criteria, information on the results of
specific procurement transactions and availability of review mechanisms for decisions
involving tenders and prompt and impartial resolution of disputes. | en |
