NAIROBI, Kenya – The High Court has suspended the compulsory rollout of the government’s electronic Government Procurement System (e-GPS), handing the Ruto administration a major setback in its push to digitise public tenders.
In a ruling delivered Monday at the Milimani Law Courts, Justice Bahati Mwamuye ordered that all public entities be allowed to receive and submit tender documents either manually or electronically, provided they meet the requirements of 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,” Justice Mwamuye said.
The judge further directed the National Treasury and the Public Procurement Regulatory Authority (PPRA) to process both manual and electronic bids equally.
The e-GPS platform, backed by the International Monetary Fund (IMF) as part of wider fiscal reforms, was initially scheduled for rollout in 2024.
Treasury Cabinet Secretary John Mbadi has been pushing for full integration of all government departments this week to meet procurement deadlines.
However, the system has faced mounting opposition from the Council of Governors and Parliament, who argue that it is ill-prepared for full implementation.
Only three counties participated in the pilot phase, all of which reported system failures.
Governors have warned that forcing counties to migrate prematurely could disrupt service delivery, while MPs have questioned the system’s readiness and transparency.
President William Ruto, however, has defended the rollout, accusing opponents of protecting vested interests in the old procurement regime.
“Procurement and accounting officers do not want this programme because they have been benefiting from the old system,” Ruto said recently. “No amount of blackmail and intimidation will force us to go back. Any government official unwilling to use it can resign.”
The court’s intervention now places the future of the e-GPS reforms in limbo, pending a full hearing of the case.
