Participation of minorities and marginalised groups in the Kenyan economy: reforming public procurement law
Kiarahu, Antony M
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Beginning on the 27th of August 2010, with the promulgation of the Constitution, Parliament has up to five years to enact the general legislation and to institute structures necessary for implementation of the whole Constitution. The legislation required to be enacted is specified in the fifth schedule. This period for enacting a law on public procurement and disposal shall run out in middle of the year 2014 and as such this is a most opportune time for this study. The study is conducted in the context of equality and affirmative action law. It proceeds from the hypothesis that public procurement is becoming one of the disciplines of equality law, on the reasoning that one area of government policy (procurement) should where possible assist the pursuit of other government policies (equality). The efficacy of public procurement as an instrument of furthering equality is however hampered by inadequate law. The study critically examines the statutes and subsidiary legislation on public procurement that provides for protection and advancement of minorities, as well as selected case studies from other countries, with a view to determining how public procurement law can be reformed to increase the participation and representation of minorities and marginalised groups in the economy. In order to address shortcomings identified and incorporate lessons drawn from South Africa, Malaysia, India, Brazil, the United Kingdom and the United States, the study proposes that a new statute be enacted, aimed solely at enhancing participation and representation of marginalised groups. It proposes, in broad brush strokes, the areas to be addressed by the statute. The study also proposes some amendments to be made to other laws in order to better coordinate those laws with the proposed statute.