Improving Open Contracting Processes (KE0036)

Brief Description of the Commitment

The Commitment seeks to improve access, availability, and use of up-to-date accurate procurement data through the implementation of an interoperable end-to-end Electronic Government Procurement (eGP) system adopting the Open Contracting Data Standard (OCDS), to cover all stages of public procurement in Kenya.

Problem Definition

Value for money in procurement is crucial, as it ensures efficiency in government spending which results in high-quality services to citizens. Additionally, equitable procurement remains a challenge, with women, youth, and people with disabilities having limited say in procurement processes and also limited participation in applying for tendering opportunities. Despite various anti-corruption efforts and reforms in Kenya, corruption remains a pervasive and deeply entrenched issue, posing a multifaceted challenge to the nation's socio-economic development, governance, and the well-being of citizens. Notably, public contracting has been identified as the government activity most vulnerable to wastefulness, mismanagement, inefficiency, and corruption. Additionally, the Kenya Kwanza manifesto prioritizes granting independence to institutions involved in the fight against corruption, thus ending the weaponization and politicization of their work.

What are the causes of the problem?

1. There is a lack of inclusive processes for citizens to provide feedback on the quality of implementation. This leads to procurement entities often not basing their decisions on past supplier performance, beneficiary input, or expert advice from the private sector.
2. Private sector companies are enticed by corruption due to their profitability. Corruption has become a lucrative way for these entities to secure contracts and gain an unfair advantage in the procurement process.
3. Citizens have grown weary of engaging with the government on corruption issues because they perceive limited action being taken on reported cases. This sense of fatigue and loss of trust has led to decreased vigilance and reduced efforts to hold the government accountable.
4. Opaque Procurement Systems as result of lack of transparency and clarity in procurement processes, as well as the rules and procedures are not clearly understood.
5. Procurement entities exhibit low levels of compliance to publish procurement details on the Public Procurement Information Portal
6. Procurement entities lack access to critical data for analytics within the current procurement systems.
7. Civil society organizations (CSOs) and individuals lack the necessary evidence and raw data to hold the government accountable for corrupt practices and quality service delivery.
8. Women, youth, and persons with disabilities (PWDs) have limited participation and influence in procurement processes. This lack of inclusion perpetuates corruption, affects implementation quality, and undermines the principles of fairness and equity in public contracting.

Commitment Description

Several significant actions have been taken to promote open contracting and enhance transparency in public procurement. Over the years, Kenya has shown a commitment to this cause through various initiatives. The Public Procurement and Disposal Act (PPDA) has been instrumental in setting the legal framework for procurement practices. Additionally, the implementation of past Open Government Partnership (OGP) National Action Plans (NAPs) which incorporated public procurement transparency and accountability. The government has also invested in technology by developing the Procurement of an Electronic Government Procurement (eGP) system to streamline procurement processes. The Public Procurement Regulatory Authority (PPRA) has conducted extensive training programs for procurement entities, enhancing their capacity in adhering to best practices and publication of procurement data. Furthermore, the development of the Public Procurement Information Portal (PPIP) and the active involvement of the media in decoding procurement laws and exposing corruption cases have played pivotal roles in advancing transparency. Measures such as the Whistleblowing Bill have been introduced to protect and encourage individuals who report corruption in procurement. The Access to Government Procurement Opportunities (AGPO) policy and platform has been developed to promote opportunities for marginalized groups, and the PPRA has taken steps to publish AGPO data, furthering transparency and inclusivity in public procurement processes. These collective efforts demonstrate Kenya's commitment to advancing open contracting and improving the integrity of its procurement system.

Proposed Solutions

The NAP (V) envisions to:

1. Ease availability, access and use of data, and compliance through the implementation of an open and transparent e-procurement system, and tender alert system
2. Implement a policy framework that standardizes and governs procurement system requirements, data publication, implementation and rollout in Kenya.
3. Promote meaningful public participation through whistleblower protection and improving feedback mechanisms,
4. Strengthening youth, women, and people with disabilities understanding and participation in procurement processes. Including implementation monitoring to ensure quality service delivery and the private sector participating in tendering processes.

Desired Results

1. AGPO awareness programs resourced and rolled out across the country
2. Clear and straightforward procurement processes and guidelines targeted at AGPO
3. Incorporate whistleblower protection in the PPDA
4. Strengthen procurement feedback mechanisms at national and county level
5. The new end to end Electronic Government Procurement (eGP) system adopts the Open Contracting Data Standard (OCDS), to cover all stages of public procurement in Kenya.
6. Counties use and access new end to end e-government system and integrate their procurement analytical tools the e-government system

Commitment Analysis

1. How will the commitment promote transparency? The Electronic Government Procurement (eGP) system publishing the data across all procurement processes in a downloadable and editable format such as OCDS will improve access and availability to up-to-date data that will be published in a free to use web portal immediately after procurement processes take place.

2. How will commitment help foster accountability? Implement a policy framework that standardizes and governs procurement system requirements, data publication, implementation and rollout in Kenya. This will ensure citizens and governments have a framework to monitor procurement transparency in Kenya

3. How will commitment improve citizen participation in defining, implementing, and monitoring solutions? 1. Promote meaningful public participation through whistleblower protection and improving feedback mechanisms 2. Strengthening youth, women, and people with disabilities understanding and participation in procurement processes. Including implementation monitoring to ensure quality service delivery and the private sector participating in tendering processes.

Commitment Planning (Milestones | Expected Outputs | Expected Completion Date)

1. The new end to end e-government procurement system has a public portal publishing all procurement process data | Data across all procurement processes taking place in e-GP is accessible in various downloadable formats such OCDS, CSV, PDF etc. | December 2026

2.The new end to end e-government procurement system is interoperable with the PPIP and other procurement entity publishing platforms at both the national and county levels | Open APIs for interoperability with other procuring entity platforms A dedicated API for interoperability with PPIP that host historical procurement data | October 2026

3.Develop a draft national policy to standardize and govern procurement system requirements, data publication, implementation and roll out in Kenya | Develop multi stakeholder group that will support the drafting of the policy Final Policy that outlines the requirements and standards for a procurement system policy | January 2026

4.Improve convenience of accessing procurement opportunities on PPIP and Egp | Public (especially SIGs) subscribe and access procurement opportunities through email and SMS for private sector | December 2025

5. PPDA 2015 Amended to provide for protection of whistleblowers. | The PPDA offers protective and easily accessible anonymous whistleblowing channels | June 2025

6. Awareness creation to special interest groups (women, youth and persons with disabilities) on AGPO processes | AGPO awareness programs resourced and rolled out across the country, to enhance youth, women and PWDs’ understanding of How to access AGPO opportunities, application process, key requirements and existing information platforms | December 2024

7. Publish detailed debarment data: Including background information and other legal entities where an individual associated with the debarred firm has controlling interest | Where an individual has controlling interest in a debarred company, any other associated companies where the same individual has controlling interest will also be debarred and published | January 2026

8. Develop a mechanism to ensure that public feedback through contract implementation is documented and meaningfully channeled into decision-making | Contract details section in the eGP system provides a public feedback function | December 2025