Public Procurement Reforms in Kenya: a Quest for Equity and Fairness

Abstract

Public procurement in Kenya has undergone various changes in a bid to reform how the Government sources for goods and services using public funds. Public procurement reforms have been undertaken within the wider context of public financial management reforms. Public procurement reforms can be traced from the pre-colonial era, where procurement was mainly undertaken through Crown Agents. In the 1960’s, following Kenya’s independence, the procurement system was mainly regulated through Treasury circulars. In the 1970’s, the supplies’ manual was introduced. It is however not until 2001 when real reforms through legal mechanisms were introduced. This study traces public procurement reforms through a historical review of key reform changes until the enactment of the Kenyan Constitution in 2010. The study further analyses the Public Procurement and Disposal Act (PPDA) 2015, through a detailed review of case law and concludes that enabling legislation is not aligned to the ideals of Article 227 of the Constitution that prescribes for setting up of a procurement system that promotes, among other principles, equity and fairness. The study further provides an analysis of lessons from other jurisdictions in the South East Asia that have also had varying degrees of success. Some countries have established a very strong and effective procurement system that Kenya could learn from, while other countries have had challenges which would also be useful for Kenya in its quest to reform its legislative framework to align it with the principles prescribed under Article 227 of the Constitution. Key words: public procurement, reforms, equity, fairness, amendment