Abstract
It is indeed undisputed that Kenya has made a tremendous milestone in the Public Procurement. This has been attained through the enactment of the Public Procurement and Assets Disposal Act No. 33 of 2015 and the Public Procurement and Assets Disposal Regulations of 2006; both of which aim at ensuring the process of public procurement conforms with the constitution by ensuring that it is fair, equitable, transparent, competitive and cost-effective and allows for public participation. However, it is equally important to note that, in as much as various measures have been undertaken to ensure there is tremendous reforms in the public procurement system, the public procurement processes are still conducted in secrecy, and they are inefficient and often corrupt and as a result wasting huge amounts of tax payers' money. Therefore, given the huge amounts of tax payers' revenue involved in both county and national government procurements, it is in the best interest of the tax payers' that the procurement process should be conducted in a manner that seeks to ensure the prudent use of available resources, integrity and fairness. Furthermore, these research concludes that the Public Procurement and Assets Disposal Act 2015 has not been fully enforced as required by law and thus proper enforcement systems ought to be embraced by both the county and national governments in conjunction with the relevant Public Procurement Authorities to ensure they enhance compliance to procedures spelt out in the Public procurement and Disposal Regulations and uphold the spirit of transparency, value for money and fairness in public sector tendering.
Published Version
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