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Kenya

Open Contracting (KE0019)

Overview

At-a-Glance

Action Plan: Kenya Action Plan 2018-2020

Action Plan Cycle: 2018

Status: Active

Institutions

Lead Institution: The National Treasury, Public Procurement Oversight Authority

Support Institution(s): Other actors involved - government Ministry of Public Service, Gender and Youth Affairs, Ministry of Labor and Social Protection, Ministry of ICT, ICTA Other actors involved - CSOs, private sector, working groups, multilaterals etc INFONET Africa, Local Development Research Institute (LDRI), Article 19, ICJ- Kenya

Policy Areas

Capacity Building, E-Government, Gender, Human Rights, Marginalized Communities, Open Contracting and Procurement, Open Data, Sustainable Development Goals

IRM Review

IRM Report: Kenya Mid-Term Report 2016- 2018

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Pending IRM Review

Relevant to OGP Values: Not Relevant

Potential Impact: Pending IRM Review

Implementation i

Completion: Pending IRM Review

Description

Commitment 2: Open Contracting
We will implement the Open Contracting Data Standard (OCDS), to improve
transparency and reduce opportunities for corruption by enhancing openness and
accessibility of the Public Procurement Information Portal
Objective
To ensure realization or actualization of Executive Order No 2 of 2018 and its
alignment to international standards such as the Open Contracting Data Standard.
Further, that 30 percent of public procurement opportunities set aside for youths, women
and persons with disabilities (PWDs) benefits these categories of “disadvantaged
groups”, actively monitored by citizens.
Status quo
President Uhuru Kenyatta directed the publishing of all public contracting information in
the Executive Order no 2 of 2018. Further, that procurement rules be amended to allow
30 percent of public procurement opportunities to be set aside for youths, women and
persons with disabilities (PWDs) as disadvantaged groups. Amendments to the Public
Act and Asset Disposal Act were adopted in 2015, forming the legal framework of
Access to Government Procurement Opportunities (AGPO). The Challenge has
been the inability to ascertain whether the 30% actually benefits these disadvantaged
groups and whether the quality of tenders accessed by these groups have the potential
to improve the economic status.
Ambition
Development of an Open Contracting Data Standard will reduce opportunities for
corruption in public procurement, especially on the Big 4 Projects, assure fair and
effective contracting, create more business opportunities for small and medium sized
businesses who are the beneficiaries of AGPO. This commitment responds to the
Sustainable Development Goals (SDGs) Agenda of leave no one behind and our
national values and principles of governance, including “human dignity, equity, social
justice, inclusiveness, equality, human rights, non-discrimination and the protection of
the marginalized. This is the first time such a disaggregation of government opportunities
by women, youth and persons with disabilities is being undertaken globally.
Lead implementing organization
The National Treasury, Public Procurement Oversight Authority
Contact Person:
Ms. Josephine Wambua Mong’are (Mrs.)
Public Procurement Oversight Administrative Board
Page 20 of 30
Email: info@ppoa.go.ke
10th Floor, Harambee Avenue
Telephone: +254-020-3244000/2213106
Timeline
September 2018 to May 2020
OGP values
Access to information, civic participation, public accountability, Technology and
innovation
New or ongoing commitment
New
Other actors involved - government
Ministry of Public Service, Gender and Youth Affairs, Ministry of Labor and Social
Protection, Ministry of ICT, ICTA
Other actors involved - CSOs, private sector, working groups, multilaterals etc
INFONET Africa, Local Development Research Institute (LDRI), Article 19, ICJ- Kenya
Verifiable and measurable milestones to
fulfil the commitment
New or
ongoing
Start date End date
6. Improve access to AGPO through
consultations with women, youth and
people living with disabilities including
review of recommendations in studies
published by partners and additional
research on closing existing data gaps.
New January
2019
December
2019
7. Open Contracting Data Standard
implemented on Public Procurement
Information Portal (PPIP)
New September
2018
May
2020
8. Revamping the Kenya Open Data
Portal, to include Open Contracting
Data from national government and at
least One County (Makueni)
New March
2019
May
2020
9. Sensitization and public engagement,
especially with Women, Youth and
Persons with Disabilities on monitoring
AGPO
New June
2019
May
2020


Kenya's Commitments

  1. Beneficial ownership

    KE0018, 2018, Beneficial Ownership

  2. Open Contracting

    KE0019, 2018, Capacity Building

  3. Open Geo-Spatial Data for Development

    KE0020, 2018, E-Government

  4. Public Participation

    KE0021, 2018, Capacity Building

  5. governance indices

    KE0022, 2018, Capacity Building

  6. Open government resiliency

    KE0023, 2018, Capacity Building

  7. More transparent and participatory development of climate polices at the national and subnational level

    KE0010, 2016, E-Government

  8. Enhancing preventive and punitive mechanisms in the fight against corruption and unethical practices

    KE0011, 2016, Anti-Corruption Institutions

  9. Enhance transparency in the legislative process

    KE0012, 2016, E-Government

  10. Publish Oil and Gas Contracts

    KE0013, 2016, Extractive Industries

  11. Starred commitment Ensure greater transparency around bids and contracts

    KE0014, 2016, Anti-Corruption Institutions

  12. Create transparent public procurement process, public oversight of expenditure and ensure value-for-money towards citizen priorities

    KE0015, 2016, Anti-Corruption Institutions

  13. Improving access to government budget information and creating wider and more inclusive structures for public participation

    KE0016, 2016, E-Government

  14. Starred commitment Enhance right to information

    KE0017, 2016, Capacity Building

  15. Starred commitment Improving Transparency in Electoral Processes: 1.a. Definition of Electoral Boundaries and Name.

    KE0001, 2012, Media & Telecommunications

  16. Improving Transparency in Electoral Processes: 2.b. Voting Information Online

    KE0002, 2012, E-Government

  17. Promoting Public Participation: 1.b. End-to-End Service Delivery Portal

    KE0003, 2012, E-Government

  18. Promoting Public Participation: 1.d. Public Complaints Portal

    KE0004, 2012, E-Government

  19. Promoting Public Participation: 2.c. Kenya Action Plan Online

    KE0005, 2012, OGP

  20. Promoting Public Participation: 1.c. Open Data Portal

    KE0006, 2012, Education

  21. Starred commitment Improving Transparency in the Judiciary: 2.a. Public Vetting of Judges and Case Allocation System

    KE0007, 2012, E-Government

  22. Open Budgets: 3.a. Improve Kenya's OBI Index

    KE0008, 2012, Fiscal Transparency

  23. Open Budgets: 3.b. Increase Public Participation in Budgetary Processes

    KE0009, 2012, Fiscal Transparency