NAIROBI, Kenya – The National Assembly has annulled a Treasury directive that sought to make the electronic Government Procurement System (e-GPS) the sole method for processing government tenders, ruling that the move was unconstitutional and beyond the law.
On Tuesday evening, MPs unanimously adopted the report of the Committee on Delegated Legislation, effectively scrapping Public Procurement Regulatory Authority (PPRA) Circular No. 04/2025. The motion was seconded by Leader of the Minority Junet Mohamed.
The committee, chaired by Ainabkoi MP Samuel Chepkonga, found that the circular attempted to bypass parliamentary oversight by imposing new procurement rules without legal authority.
It also violated Section 77 of the Public Procurement and Asset Disposal Act, which allows tenders to be submitted either manually or electronically.
“The circular contravenes provisions of the Constitution and the Public Procurement and Asset Disposal Act, which safeguard fair, transparent, and competitive procurement processes,” the committee report stated, citing Articles 2(1) and (2), 10, 27(2), 94(5), and 227.
These provisions cover the supremacy of the Constitution, national values and principles of governance, equality, Parliament’s exclusive lawmaking role, and cost-effective procurement.
Treasury CS John Mbadi had launched the e-GPS platform on April 7, 2025, aiming to enhance accountability, efficiency, and value for money in government procurement.
President William Ruto had previously called for full rollout of the system during his November 2024 State of the Nation Address.
Under the now-annulled circular, only tenders submitted via e-GPS would have been approved for payment, and all existing contracts were required to register on the platform.
Junet Mohamed argued that the directive lacked legal force. “If you want to use electronic means, you change the law. You can’t change the law through a circular. The circular is just a piece of paper,” he said, warning that Parliament remains the sole authority empowered to make laws under the Constitution.
The annulment allows procuring entities to continue submitting tenders manually or electronically, preserving flexibility and ensuring compliance with existing legislation.
