WEAKNESS IN THE LEGAL REGIME GOVERNING PUBLIC PROCUREMENT IN KENYA
By Peter Wanyama, Advocate of the High Court and Member Young International Arbitration Group, London
One of the most conspicuous characteristics of public procurement is its dynamism. Public procurement continues to evolve both conceptually and organizationally. In Kenya, the evolution accelerated in the early 2000s when the government entities came under increasing pressures to “do more with less.” Indeed, all governmental entities are struggling in the face of: unrelenting budget constraints; downsizing; public demand for increased transparency in public procurement; and greater concerns about efficiency, fairness and equity. Additionally, public procurement professionals have faced a constantly changing environment typified by rapidly emerging technologies, increasing product choice, environment concerns, and the complexities of international and regional trading agreements. Further, policy makers are increasingly using public procurement as a tool to achieve socioeconomic goals. In this environment, public procurement has become much
more complex than ever before, and public procurement officials must deal with a broad range of issues.