Governors want e-procurement suspended for disrupting service delivery

Just a few months after the government introduced the online procurement system, Governors now want it suspended over what they term as ‘a disruption’ in service delivery.

In a letter addressed to President Uhuru Kenyatta, the Council of Governors – through its chair Peter Munya – agrees that the system will improve the management of public resources but argues that the e-procurement module has many loose ends that need to be tightened.

“We are in agreement that this system will improve the management of public financial resources both in the national and county governments. For this reason, we fully supported its implementation and embraced its installation in all the 47 counties,” read the letter in part.

Munya, in the letter seen by Citizen TV, argues that the infrastructural requirements for the system to be installed and used effectively are still wanting.

“County governments took these steps in good faith based on the understanding that the requisite infrastructure has been put in place. This would have ensured a seamless transition and guarded against the disruption of delivery of service,” added the letter.

“However, the infrastructure that is necessary to ensure successful utilization of this system is lacking in the counties.”

The Governors further argue that the counties are in different levels of development and therefore the online procurement cannot be implemented wholesomely.

“Your Excellency, you will agree that county governments are at different levels of development. As such, putting in place a system that requires a constant power supply and fibre optic connectivity may not be achieved simultaneously in all the 47 counties,” said Munya.

Munya argued that the concurrent implementation has contributed to the marginalization of locals since counties and citizens without access to power and internet are denied the opportunity to participate in procurement and the county level.

Further, Munya argued that counties have been unable to promptly pay pending bills to contractors and suppliers causing anxiety and giving an impression that counties are unable to settle their debts.

“Additionally, counties are distressed by the short hours allowed for operating the system, with the timelines being as little as two hours in two weeks and fact that some of the processes are still performed manually,” added Munya’s letter to the President.

Further, Governors argue that the system is selective as some other government entities have been left out.

“Your Excellency, we wish to express our reservations over the selective imposition of the application of the system in the country. You may be aware that national government funds such as CDF and national agencies such as KeRRA are not being subjected to e-procurement.”

He went ahead to argue that the online procurement directive is not anchored on any law.

“Finally, we note that this directive is not anchored in law. The Public Procurement and Disposal Act of 2005 is the governing law for procurement and does not envisage electronic tendering,” added Munya.

The Council of Governors proposed that the “use of e-procurement be suspended until these pertinent issues are addressed” saying that Governors support the reforms in the financial management system and remains open to consultations on the appropriate way of progressively achieving e-procurement.