1. GOOD PRACTICES IN THE FIELD OF PUBLIC PROCUREMENT
Agnes Mita Deputy Auditor-General Kenya

2. Good Procurement Practices in Kenya
Legal Framework
PPOA
Planning
Price Guides
E-procurement
Capacity building
Challenges
Conclusion

3. Sound Legal Framework
Realized through enactment of PP&DA and 2006 Regulations
Regulations provide for;
Procurement method to be applied,
advertising rules and time limits,
content of tender documents and technical specifications
tender evaluation and award criteria;
procedures for submission, receipt and opening of tenders, and
complaints system structure are clearly defined

4. Sound Legal Framework Cont..
The PP&DA regulations also cover goods, works and services procured using public funds
Are widely distributed to procuring agencies
Standard tender documents have been developed for goods and services

5. Establishment of the Public Procurement Oversight Authority
Oversees the procurement process in the public sector
Development of procurement policy, preparation and distribution of manuals and standard tender documents
Training of PE staff on procurement issues

6. Procurement Planning
All procuring entities are required to prepare annual procurement plans as part of the annual budget preparation process
The plan must be approved by the Accounting Officer / Board of Directors in case of State owned enterprises

7. Price Reference Guide
Developed by PPOA to guide procuring entities on pricing and therefore avoid overpricing of goods
The guide is updated periodically
Guide is used as a benchmark for investigations by OAG and other watchdog agencies

8. E-Procurement Framework
A procure to pay module introduced in the IFMIS Re-engineering framework of the Ministry of Finance
The re-engineering process targets elimination of all redundant steps in the procurement function

9. Capacity Building in Procurement
PPOA developed a capacity building strategy
Staff of the procuring agencies trained on the procurement law
The law requires trained professionals to be deployed in the PE procurement Units

10. Delegation of Procurement Decision Making
The procurement law bestows the Tender and Procurement committees of the procurement entities with responsibilities of decisions on procurement.

11. Challenges in Public Procurement
Lack of preparation of procurement plans by key agencies leading to inefficiency in procurement
Failure to follow procurement law resulting into agencies buying goods / services at prices over and above prevailing market rates mainly through use of quotations and direct procurement.

12. Challenges Cont…
Flouting procurement law in award of tenders resulting into court cases
Inadequate capacity in terms of manpower and skills;
Policy makers
Regulators
Procuring entities

13. Challenges Cont.
Poor procurement records maintained by procurement entities;
Lack of tender advertising information
Procurement procedures followed not clear
Tender award and evaluation criteria missing
Lack of progress reports on projects including completion reports

14. Conclusion
Due to challenges still facing the procurement system in the Country, the procurement law is to be amended by the relevant agencies
OAG will give input in the amendments

15. THANK YOU