The Public Procurement Regulatory Authority (PPRA) is responsible for monitoring, assessing, and reviewing public procurement and asset disposal systems in Kenya to ensure compliance with national values, transparency, fairness, and efficiency in line with Article 227 of the Constitution.
The Public Procurement and Asset Disposal Act established PPRA as a body corporate with the following powers:
- Suing and being sued
- Acquiring, holding, and disposing of property
- Performing legal and corporate actions necessary for its mandate
PPRA may also establish regional offices to enhance accessibility, in line with Article 6 of the Constitution.
Management of the Public Procurement Regulatory Authority
PPRA is managed by the Public Procurement Regulatory Board, which consists of:
- Chairperson – Appointed by the President, nominated by the Cabinet Secretary (Finance).
- Two members – Appointed by the Cabinet Secretary (Finance) after nominations by:
- The Institute of Certified Public Accountants of Kenya (ICPAK)
- The Kenya Institute of Supplies Management (KISM)
- Cabinet Secretary (Finance) or their representative.
- Attorney General or their representative.
- Four additional members appointed by the Cabinet Secretary (Finance).
The appointment process must ensure regional and gender balance.
Functions of the Public Procurement Regulatory Authority
PPRA has several key responsibilities related to procurement monitoring, compliance, enforcement, research, and policy development.
1. Procurement Monitoring and Compliance
- Monitors, assesses, and reviews public procurement and asset disposal to ensure they align with:
- National values
- Article 227 of the Constitution
- The Public Procurement and Asset Disposal Act
- Reports on the overall performance of the procurement system and submits recommendations for improvement to:
- The Cabinet Secretary (Finance)
- County Executive Members for Finance
- Monitors implementation of procurement preference and reservation schemes for:
- Youth
- Women
- Persons with disabilities (PWDs)
- Develops and enforces procurement standards under the Public Procurement and Asset Disposal Act.
2. Investigation and Enforcement
- Investigates complaints from:
- Procuring entities
- Tenderers
- Contractors
- The public
- Acts on procurement and disposal irregularities that are not subject to administrative review.
- Informs Parliament, the Auditor-General, County Assemblies, or relevant authorities when state organs or public entities violate procurement laws.
3. Research and Policy Development
- Conducts research on procurement trends, challenges, and developments.
- Provides technical advice on setting national and international procurement standards.
- Cooperates with state and non-state actors to improve procurement policies and efficiency.
4. Procurement Oversight and Digital Systems
- Develops and manages the State Procurement and Asset Disposal Portal, ensuring public access to:
- Procurement data
- Tenders
- Contract awards
- Creates a central procurement database, including:
- Complaints against procuring entities
- Debarred firms and individuals
- Market prices for goods, services, and works
- Price benchmarking and comparisons
- Entities non-compliant with procurement laws
5. Public Procurement Documentation and Support
- Prepares, issues, and publicizes standard procurement and asset disposal documents.
- Advises and provides technical support upon request to procuring entities.
6. Ethical Standards and Reporting
- Develops a code of ethics to guide both:
- Procuring entities
- Bidders participating in public procurement.
- Publishes quarterly reports on:
- Procurement performance
- Compliance with reservation and preference schemes
- Submits reports to Parliament and county assemblies on procurement issues and improvements.
7. Preference and Reservation Monitoring
- Ensures procuring entities implement preference and reservations policies.
- Collects and analyzes data on disadvantaged groups benefiting from procurement.
Conclusion
The Public Procurement Regulatory Authority (PPRA) plays a critical role in ensuring transparency, efficiency, and fairness in public procurement. Through monitoring, enforcement, research, and digital oversight, PPRA works to prevent corruption, ensure compliance, and enhance public confidence in the procurement system.
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