End of Commitment Report – Publish project monitoring and implementation data though Open Contracting Data Standards Portal

Name of Evaluator

Redempta Kavindu

Email

[email protected]

Member Name

Makueni, Kenya

Action PlanAction plans are at the core of a government’s participation in OGP. They are the product of a co-creation process in which government and civil society jointly develop commitments to open governmen... Title

Action plan – Makueni, Kenya, 2021 – 2022

CommitmentOGP commitments are promises for reform co-created by governments and civil society and submitted as part of an action plan. Commitments typically include a description of the problem, concrete action...

Publish project monitoring and implementation data though Open ContractingA transparent procurement process, known as open contracting, increases competition, improves public service delivery, and ensures governments better value for their money. Technical specifications: C... More Data Standards Portal

Action

Implement open contracting in government procurement, including publishing of project implementation data based on the international Open Contracting Data Standard (OCDS), that makes public all documentation through all stages of public procurementTransparency in the procurement process can help combat corruption and waste that plagues a significant portion of public procurement budgets globally. Technical specifications: Commitments that aim t... More in the county. The portal will be interoperable with the national government’s e-procurement system and the Public Procurement Information Portal to support compliance with Executive Order No.2 of 2018.

Problem

Information about public procurement has always been unavailable or scanty thus leaving the citizens in state of guesswork on how public funds are spent. Further, information on implementation and monitoring of government projects is also a great challenge to the citizens. In the absence of such information citizens do not trust projects within their localities and thus project sustainability is not feasible. To deal with this challenge, Makueni County Government needs to do more in open contracting matters to strengthen the processes, controls, and oversight of each procurement stage. Additionally, improvements are needed to publish high-quality open dataBy opening up data and making it sharable and reusable, governments can enable informed debate, better decision making, and the development of innovative new services. Technical specifications: Polici... on all projects implementation and monitoring. Although there are several public finance management reforms, including the adoption of IFMIS, procurement in Kenya has not yet achieved the threshold of accountability, transparencyAccording to OGP’s Articles of Governance, transparency occurs when “government-held information (including on activities and decisions) is open, comprehensive, timely, freely available to the pub... More, competition, equity, and inclusivity envisaged in the Constitution of Kenya 2010 and the Public Procurement and Asset Disposal Act (PPDA) 2015.

1.1 What was the overall level of progress in the commitment implementation at the time of this assessment?

substantial

Provide a brief explanation of your answer:

Makueni County Government made substantial progress in implementing the Open Contracting commitment. The county enacted foundational policies and regulations, i.e., the Open Contracting Bill and Policy to guide open contracting, and significant groundwork was laid for integrating the county open contracting portal with the national Public Procurement Information Portal (PPIP) and the e-procurement system. A civic educationAccountability within the public education system is key to improving outcomes and attainment, and accountability is nearly impossible without transparent policies and opportunities for participation ... campaign to encourage use of the portal was rolled out among key stakeholders, including CSOs, media, and the private sectorGovernments are working to open private sector practices as well — including through beneficial ownership transparency, open contracting, and regulating environmental standards. Technical specificat... More. Full operationalization of the county open contracting portal — including publication of all procurement stages from planning to implementation was achieved within the planned timeframe, intergration with PPP was primarily not achieved due to ICT integration challenges and procurement system interoperability delays with the national government systems. Three of the four milestones registered measurable activity.

Provide evidence that supports and justifies your answer:

• Final Open Contracting Policy
• Final Open Contracting Dracft Bill

1.2 Describe the main external or internal factors that impacted implementation of this commitment and how they were addressed (or not).

Key internal factors included limited ICT infrastructure capacity within the county government and delays in obtaining interoperability approvals from the national Public Procurement Regulatory Authority (PPRA) and National Treasury. Externally, the COVID-19 pandemic disrupted scheduled stakeholder engagement forums and procurement reform timelines. Budget reallocations during the period also diverted resources from the ICT components of this commitment. These challenges were partially addressed by engaging Development Gateway and HIVOS as technical partners to sustain momentum on the portal development, and by shifting some civic education activities online.

1.3 Was the commitment implemented as originally planned?

most of the commitment milestones were implemented as planned

Provide a brief explanation of your answer:

Three of the four milestones — policy enactment, portal integration groundwork, and the civic education campaign — were substantially carried out. The fourth milestone, full portal operationalization publishing all procurement stages, was completed as planned within the June 2022 deadline. Integration with PPP remained pending due to ICT integration challenges with national systems.

2.1.1. – Did the government disclose more information; improve the quality of the information (new or existing); improve the value of the information; improve the channels to disclose or request information or improve accessibility to information?

Yes

Degree of result:

Marginal

Explanation: In narrative form, what has been the impact on people or practice.

Improved access to procurement information enhanced transparency.
The county government improved access to public contracting information by enacting open contracting policies and initiating the integration of procurement data portals. Citizens, CSOs, and contractors gained improved access to tender information and procurement decisions at county level. The marginal result reflects meaningful progress in transparency mechanisms with limited but real improvement in actual information accessibility for the general public.

2.1.2. – Did the government create new opportunities to seek feedback from citizens/enable participation inform or influence decisions; improve existing channels or spaces to seek feedback from citizens/enable participation/ inform or influence decisions; create or improve capabilities in the government or the public aimed to improve how the government seeks feedback from citizens/enables participation/ or allows for the public to inform or influence decisions?

Yes

Degree of result:

Major

Explanation: In narrative form, what has been the impact on people or practice.

The civic education campaign created new opportunities for citizens, CSOs, and the private sector to engage with county procurement processes. Feedback mechanisms were introduced to allow citizens and contractors to comment on procurement outcomes. However, the breadth of public participationGiving citizens opportunities to provide input into government decision-making leads to more effective governance, improved public service delivery, and more equitable outcomes. Technical specificatio... was constrained by the limited access internet, limiting the depth of citizen influence on procurement decisions during the reporting period.

2.1.3 Did the government create or improve channels, opportunities or capabilities to hold officials answerable to their actions?

Yes

Degree of result:

Major

Explanation: In narrative form, what has been the impact on people or practice.

The Approval and Operationalization of the County Public Participation policy provided a platform for the empowerment of PwDs, women, and youthRecognizing that investing in youth means investing in a better future, OGP participating governments are creating meaningful opportunities for youth to participate in government processes. Technical ... More to participate in county decision-making processes. This includes the improvement of various the channels of communication relevant to each group such as sign language interpretation, women centred forums and social accountabilityTransparency of public service delivery is not enough on its own; giving citizens opportunities to monitor progress on the ground and hold their governments accountable improves the quality of these s... forums that enable the groups to hold government officials accountable. By formalizing their presence in decision-making spaces, the commitment created mechanisms for demanding responsiveness from government on issues affecting these communities. The impact was substantial.
The community feedback mechanism provides citizens with a structured channel to hold county officials accountable for service delivery and governance decisions. The civic education campaign informed citizens of their rights and the mechanisms available to them. However, the newness of these structures and limited coverage meant accountability impacts were marginal at the time of this assessment.

2.1.4 Other Results

No

2.2 Did the commitment address the public policy problem that it intended to address as described in the action plan?

Yes

Provide a brief explanation of your answer:

The commitment meaningfully addressed the identified public policy problem of inadequate transparency and public involvement in county procurement. The enactment of the open contracting bill and policy, and the initiation of portal integration, directly respond to the lack of publicly available procurement information that had impeded accountability. While full digital disclosure of all procurement stages was not yet achieved, the regulatory and institutional groundwork established during this period represents significant progress toward the commitment’s intended outcome.

3. Provide at least one lesson or reflection relating to the implementation of this commitment. It can be the identification of key barriers to implementation, an unexpected help/hindrance, recommendations for future commitments, or if the commitment should be taken forward to the next action plan.

A key lesson from the implementation of this commitment is that digital reform commitments require advance alignment with national-level systems and regulatory bodies before execution begins. The delays caused by interoperability challenges with the national PPIP and e-procurement systems were foreseeable and could have been mitigated through earlier coordination with the PPRA and National Treasury. Future commitments in the digital governanceAs evolving technologies present new opportunities for governments and citizens to advance openness and accountability, OGP participating governments are working to create policies that deal with the ... More space should include a dedicated milestone for inter-governmental system alignment, with clear timelines and responsible actors. It is also recommended that this commitment be carried forward into the next action plan cycle with a focus on full portal operationalization and sustained citizen engagement through the established feedback mechanisms.