The government has dealt a blow after the High Court issued orders halting the compulsory use of the Electronic Government Procurement System (e-GPS).
The Monday ruling paved the way for public entities to submit their bids either electronically or manually as long as they meet the Public Procurement and Disposal Act.
“A conservatory order be and is hereby issued requiring that all Public Procurement Entities shall comply with Section 77(1) of the Public Procurement and Disposal Act in that submission of tender documents shall be in writing and in either electronic or manual form; and such submissions shall comply with the other requirements of Section 77 generally and subsection (1) in particular,” said Justice Bahati Mwamuye
-
At least 13 killed in Nepal during Gen Z led social media ban protest
-
St. George’s Secondary School closed indefinitely after student unrest
The orders further direct both the Treasury and the Public Procurement Regulatory Authority to process both electronic and manually filed tenders.
“A conservatory order be and is hereby issued requiring the Cabinet Secretary – National Treasury & Economic Planning AND the Public Procurement Regulatory Authority to accept both electronic and manual submissions of tender documents and to process the same equally irrespective of their form of submission and provided that they meet the criteria set out in Section 77 of the Public Procurement and Disposal Act,” said the court
The electronic system had the backing of the International Monetary Fund (IMF) as it meant streamlining government service and was set to be rolled out in 2024.
It has since faced hurdles, including disapproval from Parliament and the Council of Governors, who questioned its timing.
Governors have already warned about disrupted services if implemented without proper planning. Its rollout in three counties has already reported major failures.
President William Ruto has, however, maintained his position that the system will be implemented, as he claimed that those against it have been beneficiaries of the old system.
“Procurement and accounting officers do not want this programme because they have been benefiting from the old system.
No amount of blackmail and intimidation will force us to go back on the electronic procurement. Any government official who is not willing to use it can resign and go pursue other interests,” he said
