Increase transparency in public procurement processes for enhanced participation and oversight (KEEM0001)

Commitment ID

KEEM0001

Commitment Title

Increase transparency in public procurement processes for enhanced participation and oversight

Problem

A decade into devolution, the county has made strides in decentralizing government functions, yet procurement challenges persist. Compliance with the Access to Government Procurement Opportunities (AGPO), which requires 30% of procurement to be reserved for Special Interest Groups (SIGs), remains low. In addition, SIGs groups still lack adequate capacity to bid for available opportunities because of limited access to information and financial and technical resources. Also, the broader public is often unaware of the 20% procurement opportunities reserved specifically for local bidders. This lack of awareness makes them miss out on opportunities. Further, citizens continue to perceive favoritism in tender awards compounded by continued perception of procurement processes being corrupt. The absence of clear mechanisms for addressing reported complaints arising from unclear procurement processes further hinders efforts to ensure fairness and inclusivity in procurement opportunities.

Status quo

A 2022 audit by the Office of the Auditor General revealed that in Kenya only 50% of awarded tenders were published online, and 35% of contracts were flagged for non-compliance with regulations. Special Interest Groups (SIGs) face significant challenges, with only 20% of public contracts being awarded to them, as highlighted in a Kenya National Bureau of Statistics (KNBS) Economic Survey 2019. Even though Elgeyo Marakwet county’s performance is higher than the national averages, the county has not achieved the 30% reservation of procurement opportunities for AGPO. Absence of a centralized digital procurement portal further exacerbate transparency fears. This has led to exclusion of many stakeholders from participating in the procurement process which undermines the overall effectiveness of public contracting. Most complaints received from citizens relate to procurement processes showing that citizens feel that favoritism and corrupt practices exist in procurement processes.

Action

The county endeavors to establish and regularly update a public portal listing opportunities reserved for Special Interest Groups (SIGs). The portal will include a comprehensive list of tenders, awarded bidders, and specific requirements for SIGs under the Access to Government Procurement Opportunities (AGPO) program. The county will also create a Training Curriculum Manual and conduct awareness forums to inform SIGs and the public about available procurement opportunities. Additionally, annual round-table meetings and workshops will be organized between contractors and government officers to encourage transparency and collaboration. A procurement policy with clear guidelines will be developed, alongside the implementation of an Electronic Government Procurement (eGP) system to streamline the procurement process from start to finish. In addition, the county will introduce community participation as an integral part of the procurement process.

How will the commitment contribute to solving the public problem described above?

The commitment to improve the procurement process will address public challenges by enhancing transparency, inclusivity, and trust in the county's governance system. Key outputs will include having a public portal for tender listings, a Training Curriculum Manual for Special Interest Groups (SIGs) developed and regular awareness forums held. These will lead to increased SIG participation in procurement, greater public satisfaction, and strengthened public trust whose positive impacts are expected to translate to greater inclusivity in procurement of government opportunities and reduction in real and perceived corruption.

What long-term goal as identified in your Open Government Strategy does this commitment relate to?

The county aims to enhance openness and participation in procurement which will foster transparency, accountability, and inclusivity in governance, a key pillar of the County's Open Government strategic vision. By implementing open procurement processes, the county will effectively reduce corruption perception by the public and build trust between the government and citizens. Encouraging citizen participation empowers the community to influence decisions that impact local development by ensuring that resource allocation aligns with public needs. Moreover, involving diverse stakeholders in procurement processes will increase competitiveness in government contracts resulting in improved service delivery and supporting the county's economic growth objectives. This strategic approach not only enhances governance efficiency but also ensures long-term sustainability for the county.

Primary Policy Area

Open Contracting, Public Procurement

Primary Sector

Private Sector, Public Services (general)

What OGP value is this commitment relevant to?