Kenya's public procurement rules are governed by the Public Procurement and Disposal Act, 2005 and its regulations. The Act establishes the Public Procurement and Disposal Administrative Review Board (PPDAB) which is responsible for ensuring compliance with the Act and regulations.
The procurement process in Kenya is based on the principles of fairness, transparency, competition, and value for money. These principles are reflected in the procurement process, which includes the following steps:
Planning: Procuring entities are required to plan their procurement activities in advance, taking into account the availability of funds and the specific requirements of the goods, works, or services to be procured.
Advertising: All procurement opportunities are advertised in at least two national newspapers and the PPDAB website.
Bidding: Interested suppliers are required to submit bids in response to the procurement opportunity.
Evaluation: Bids are evaluated based on criteria such as price, quality, technical capability, and compliance with the terms and conditions of the procurement.
Contract award: The contract is awarded to the supplier that offers the best value for money.
Dispute resolution: The PPDAB and the courts provide a mechanism for resolving disputes that may arise during the procurement process.
Kenya also has set-aside procurement provisions for Small and Micro Enterprises (SMEs) and youth, women and persons with disabilities.
Additionally, Kenya has implemented the Public Procurement and Asset Disposal Act 2016 which aims to improve transparency and accountability in the procurement process, and to promote the participation of local suppliers and contractors in public procurement.
