The Public Procurement Regulatory Authority (PPRA) is responsible for monitoring, assessing, and reviewing public procurement and asset disposal processes to ensure compliance with national values and constitutional provisions, including Article 227 of the Kenyan Constitution.
PPRA is established under Section 8 of the Public Procurement and Asset Disposal Act as a body corporate with the authority to:
✔ Sue and be sued in its corporate name.
✔ Acquire, hold, charge, and dispose of movable and immovable property.
✔ Perform any legal functions necessary to execute its mandate.
🔹 Management of the Public Procurement Regulatory Authority
The Public Procurement Regulatory Board oversees the management of PPRA and consists of:
✔ Chairperson – Nominated by the Cabinet Secretary for Finance and appointed by the President.
✔ Two members – Appointed by the Cabinet Secretary after nomination by:
- The Institute of Certified Public Accountants of Kenya (ICPAK).
- The Kenya Institute of Supplies Management (KISM).
✔ Cabinet Secretary or representative.
✔ Attorney General or representative.
✔ Four other members – Appointed by the Cabinet Secretary.
The appointment process ensures regional and gender balance.
🔹 Functions of the Public Procurement Regulatory Authority
1️⃣ Oversight & Monitoring
✔ Monitor, assess, and review the public procurement and asset disposal system.
✔ Ensure compliance with constitutional provisions (Article 227) and national values.
✔ Report non-compliance issues to Parliament, County Assemblies, and the Auditor-General.
2️⃣ Enforcement & Compliance
✔ Enforce procurement standards set under the Public Procurement and Disposal Act.
✔ Investigate procurement complaints and take corrective action.
✔ Monitor classified procurements (including security-related procurement).
✔ Take action against non-compliant State organs and public entities.
3️⃣ Policy Development & Advisory
✔ Advise the Cabinet Secretary on procurement standards, including international best practices.
✔ Develop and issue standard procurement documents for public entities.
✔ Prepare public procurement guidelines for all stakeholders.
✔ Research and make recommendations for procurement improvements.
4️⃣ Transparency & Public Participation
✔ Develop and manage the State procurement portal for public access.
✔ Create a central repository of procurement data, including:
- Market prices of goods and services.
- Price benchmarks for public procurement.
- List of debarred contractors and blacklisted firms.
- Procurement statistics and compliance records.
✔ Publicly report quarterly on procurement activities, preferences, and reservations.
5️⃣ Preference & Reservation Policies
✔ Monitor implementation of preference and reservation schemes for marginalized groups.
✔ Ensure disadvantaged groups benefit from public procurement.
✔ Ensure procurement entities provide disaggregated data on marginalized group participation.
6️⃣ Stakeholder Engagement & Ethics
✔ Cooperate with State and non-State actors to improve procurement practices.
✔ Develop a code of ethics to guide procuring entities and winning bidders.
✔ Offer advice and technical support upon request.
7️⃣ Investigations & Legal Action
✔ Investigate complaints from the public, contractors, or procuring entities.
✔ Take legal action against procurement irregularities.
✔ Inform relevant authorities (Parliament, Auditor-General, and County Assemblies) on violations.
🔹 Summary of PPRA’s Key Responsibilities
| Function | Role |
|---|---|
| Oversight & Monitoring | Ensure compliance with procurement laws & report on performance. |
| Enforcement & Compliance | Investigate procurement irregularities & take action against violations. |
| Policy & Advisory | Set standards, guidelines, and policies for procurement. |
| Transparency & Public Access | Manage State procurement portal & publish procurement data. |
| Preference & Reservations | Ensure marginalized groups benefit from procurement opportunities. |
| Stakeholder Engagement | Cooperate with State & non-State actors to improve procurement. |
| Investigations & Legal Action | Take action against corrupt procurement practices. |
🔹 Conclusion
✔ PPRA plays a critical role in ensuring fairness, transparency, and accountability in public procurement.
✔ Monitors compliance, enforces procurement laws, and investigates complaints to ensure procurement benefits all Kenyans.
✔ Develops policies and guidelines, manages procurement data, and reports on violations to enhance good governance.
