Challenges Influencing Compliance to Public Procurement Regulations in Kenya
Abstract
Procurement challenges experienced by the counties and national governments contravene the key principles underpinning public procurement, which include value for money, ethical standards, competition, transparency and accountability. Thus, county and national governments extensively violate the general procurement rules provided in the legislation. The causes of public procurement challenges experienced by the counties and national governments revolved around inadequate procurement planning, lack of pre-qualification of suppliers, failure to follow due process, lack of adequate numbers of qualified procurement professionals, poor inventory management and lack of capacity building/training. Consequently, the effects of the procurement challenges experienced include offences of financial misconduct, low absorption of resources, delays in project implementation, wasteful spending and unauthorized spending. Because national policy objectives on devolution reforms are not being fully met, counties and national governments need to take into account various procurement considerations. These include the development of procurement plans; pre-qualification of suppliers; adherence to due process; development of staff capacity and inventory management.
Keywords: Compliance, Public Procurement, Regulations & Kenya.
References
Deloitte Consulting, L. L. C. (2016). Energizing the Supply Chain: Trends and Issues in Supply Chain Management.
Githinji, R. M., & Were, S. (2018). Challenges of implementing e-procurement in the ministry of transport, infrastructure, housing and urban development in Nairobi, Kenya. Journal of Procurement & Supply Chain, 2(1), 1-13.
Government of Kenya (2019). Manual for Procurement and management of Projects.
Government of Kenya (2020). Public Procurement and Asset Disposal Regulations Kenya Ethics & Anti-Corruption Commission (EACC): Country Public Officers’ Experiences 2017.
KPMG International. (2018). Governance Survey. Nairobi: KPMG.
KPMG International. (2020). Addressing the challenge of global corruption. Issues Monitor, Volume 9.
Muange, E., & Chirchir, M. (2016). Procurement Legislation and Performance of Constituency Development Fund Committees in Kenya. International Journal of Supply Chain Management, 1(1), 19-33.
Ndemo, B. M. E., & Achuora, J. (2020). Influence of Procurement Key Performance Indicators on The Performance of State Agencies in Kenya. International Journal of Supply Chain and Logistics, 4(2), 80-103.
OECD (2017). Assessment of the Public Procurement Systems in Kenya.
PPAD (2016). Public Procurement Asset and Disposal Act, Government of Kenya, 2015 (Revised 2016).
PPO Authority (2016). Assessment of the procurement system in Kenya. Nairobi: PPOA
PPO Authority (2019). Assessment of the procurement system in Kenya. Nairobi: PPOA.
PPRA (2017). Assessing Public Procurement Practice in Kenya, Public Procurement Regulatory Authority.
Public Procurement Oversight Authority [PPOA]. (2015). PPOA Circular no.1/2013: Guidelines on the Public Procurement and Disposal (County Government) Regulations 2015.
Suchman (1995). Legitimacy theory. Law Review 1(1), 19-33.
The Constitution of Kenya. (2010). Available at https://www.kenyaembassy.com/pdfs/The%20 Constitution%20of%20Kenya.pdf (Accessed: April 2020].
The Kenya Gazette Supplement (2015). Retrieved from http://kenyalaw.org/kenya_gazette/gazette/year/2015/
The Republic of Kenya (2019). Report of the Auditor–General on the Financial Operations. Kenya National Audit Office.
The Republic Of Kenya [ROK], (2019). County Governments Annual Budget Implementation Review Report Fy 2017/18. Office of the Controller of Budget.
Transparency International [TI] (2020). Public procurement in Kenya: Cash cow for the corrupt or enabler for public service delivery? Adili, issue 145.
Transparency International Kenya (2017). Bribes demanded by regulatory authorities contribute to increased cost of doing business.
World Bank (2020). Influence in Procurement Reform in Africa; Sope Williams Elegbe
World Bank Group. (2014). Decision Time: Spend More or Spend Smart? Kenya Public Expenditure Review, Vol. 1.