BCP 102 RESEARCH TASK
1.JETHRO KIPRONO BE233/1327/2021
2.DAVIS ONDERI BE233/3149/2024
3.MICHAEL ODIPO BE233/3151/2024
4.ANGELA KARIMI BE233/3141/2024
5.SILVIA MWENDWA BE233/3279/2024
6.JAMES NGURE BE233/3130/2024
1.How is public procurement organized at the national level?
Public procurement in Kenya is overseen by the Public Procurement Regulatory Authority
(PPRA). Here's a breakdown of its key aspects:
Legal Framework:
Public Procurement and Asset Disposal Act, 2015: This is the primary legislation
governing public procurement in Kenya. It outlines principles like transparency, fairness,
competition, and value for money.
Regulations: The PPRA also issues regulations to provide detailed guidance on various
aspects of procurement, such as tendering procedures, evaluation criteria, and contract
management.
Key Roles of the PPRA:
Policy Development: The PPRA develops and reviews procurement policies and
regulations to ensure they align with best practices and national development goals.
Regulation and Oversight: It monitors compliance with procurement laws and
regulations by public entities.
Capacity Building: The PPRA provides training and capacity-building programs for
procurement professionals in public institutions.
Dispute Resolution: It acts as an independent body to resolve disputes arising from
procurement processes.
Public Awareness: The PPRA conducts public awareness campaigns to educate
stakeholders, including suppliers and the general public, about procurement procedures
2.How is public procurement organized in a public procuring entity? What is the
role of the accounting officer?
Organization of Public Procurement in a Public Procuring Entity in Kenya
Procurement Planning:
o Needs Assessment: Identifying and documenting the specific goods, works, or
services required.
o Budget Allocation: Ensuring adequate budgetary provisions for procurement.
o Procurement Plan: Developing a comprehensive plan outlining the procurement
process, timelines, and responsibilities.
Procurement Committees:
o Tender Committee: Responsible for evaluating bids, making recommendations
for contract award, and ensuring compliance with procurement laws.
o Procurement Planning and Contracts Committee: Oversees the procurement
planning process and manages contracts.
Roles of Key Personnel:
o Procurement Officer: Responsible for the day-to-day management of the
procurement process, including preparing tender documents, conducting tender
openings, and coordinating with suppliers.
o Accounting Officer: Plays a crucial role in financial oversight of the
procurement process.
Role of the Accounting Officer in Public Procurement
The Accounting Officer in a public procuring entity has several critical roles:
Financial Approval:
o Approves budgets for procurement activities.
o Ensures that sufficient funds are available for procurement.
o Verifies the accuracy and completeness of procurement documentation.
Financial Oversight:
o Monitors expenditure against approved budgets.
o Ensures that all payments are made in accordance with procurement regulations
and financial procedures.
o Conducts regular financial reviews to identify any irregularities or discrepancies.
Internal Controls:
o Implements and maintains strong internal controls to safeguard public funds and
prevent fraud.
o Ensures that proper documentation is maintained for all procurement transactions.
Compliance:
o Ensures compliance with all relevant financial regulations, accounting standards,
and procurement laws.
o Provides advice and guidance to other procurement officials on financial matters.
Reporting:
o Prepares financial reports on procurement activities for management and external
stakeholders
3.What is the role of the bodies involved in managing the procurement system in kenya?
The key bodies involved in managing the procurement system in Kenya and their roles are:
Public Procurement Regulatory Authority (PPRA):
o Oversight: Monitors compliance with procurement laws and regulations by
public entities.
o Policy Development: Develops and reviews procurement policies and
regulations.
o Capacity Building: Provides training and capacity-building programs for
procurement professionals.
o Dispute Resolution: Resolves disputes arising from procurement processes.
o Public Awareness: Conducts public awareness campaigns to educate
stakeholders.
Public Procurement Administrative Review Board (PPARB):
o Independent Review: Provides an independent avenue for aggrieved parties to
appeal procurement decisions made by procuring entities.
o Fairness and Justice: Ensures fairness and justice in procurement processes by
reviewing complaints and making impartial decisions.
Procuring Entities:
o Implementation: Responsible for implementing procurement procedures within
their respective organizations.
o Compliance: Ensure compliance with procurement laws and regulations in all
their procurement activities.
Accounting Officers:
o Financial Oversight: Play a crucial role in financial oversight of the procurement
process, ensuring that funds are used appropriately and that all payments are made
in accordance with regulations.
Internal Audit Units:
o Internal Controls: Conduct internal audits to assess the effectiveness of internal
controls within procuring entities.
o Risk Management: Identify and mitigate risks associated with procurement
processes.
Kenya National Audit Office (KENAO):
o External Audits: Conducts independent audits of government entities, including
their procurement activities.
4.What committees are established at procuring entity? and what are their roles?
In Kenya, public procuring entities are typically required to establish the following committees:
Tender Committee: This is the primary committee responsible for evaluating bids,
making recommendations for contract award, and ensuring compliance with procurement
laws.
o Roles:
Review and verify that all procurement procedures have been followed
correctly.
Evaluate bids based on pre-determined criteria (e.g., price, quality,
technical competence).
Prepare a recommendation for the award of the contract to the most
suitable bidder.
Ensure transparency and fairness in the evaluation process.
Procurement Planning and Contracts Committee: This committee oversees the
procurement planning process and manages contracts.
o Roles:
Assist in the development of procurement plans.
Review and approve procurement plans.
Monitor contract performance.
Resolve contract disputes.
Ensure timely and efficient contract execution.
5.What is the process of procurement planning in a public procuring entity?
The procurement planning process in a public procuring entity in Kenya is a crucial step towards
ensuring efficient and effective procurement. Here's a breakdown of the key stages:
1. Needs Assessment:
Identifying Requirements: Clearly define the specific goods, works, or services
required. This involves understanding the project objectives, technical specifications, and
any specific requirements (e.g., quality standards, timelines).
Analyzing Needs: Evaluate the necessity of the procurement. Are there alternative
solutions? Can existing resources be utilized?
Prioritizing Needs: Determine the urgency and importance of each procurement need.
2. Budget Allocation:
Budget Review: Review the available budget and allocate funds specifically for
procurement activities.
Cost Estimation: Conduct cost estimations for the required goods, works, or services.
This may involve market research, obtaining quotations, or consulting with experts.
3. Procurement Plan Development:
Define Objectives: Clearly state the objectives of the procurement process (e.g., value
for money, timely delivery, quality assurance).
Choose Procurement Method: Select the most appropriate procurement method based
on the nature of the goods, works, or services (e.g., open tendering, restricted tendering,
direct procurement).
Prepare Procurement Schedule: Establish a realistic timeline for each stage of the
procurement process, including deadlines for tendering, evaluation, and contract award.
Document the Plan: Prepare a comprehensive written procurement plan that outlines all
the key aspects of the process.
4. Approval and Review:
Internal Review: The procurement plan should be reviewed and approved by relevant
internal committees (e.g., Procurement Planning and Contracts Committee).
Accounting Officer Approval: Obtain approval from the Accounting Officer to ensure
budgetary compliance.
5. Plan Implementation and Monitoring:
Implement the Plan: Execute the procurement process according to the approved plan.
Monitor Progress: Regularly monitor the progress of the procurement process and make
adjustments as needed.
Track Expenditure: Monitor expenditure against the allocated budget.
Key Considerations:
Transparency: The entire procurement planning process should be transparent and
documented.
Accountability: All decisions related to procurement planning should be justifiable and
accountable.
Risk Management: Identify and mitigate potential risks associated with the procurement
process.
Benefits of Effective Procurement Planning:
Improved Efficiency: Streamlines the procurement process and reduces delays.
Reduced Costs: Helps to achieve value for money by identifying the most cost-effective
options.
Increased Transparency and Accountability: Enhances transparency and
accountability in procurement decisions.
Improved Project Outcomes: Ensures that the right goods, works, or services are
procured to meet project objectives.
