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Kenya

Implement e-government system adopting Open Contracting Data Standard (KE0025)

Overview

At-a-Glance

Action Plan: Kenya Action Plan 2020-2022

Action Plan Cycle: 2020

Status: Active

Institutions

Lead Institution: Public Procurement Regulatory Authority

Support Institution(s): Other actors involved - Government Senate of Kenya, Council of Governors (CoG), County Assemblies Forum (CAF), Commission on Administrative Justice (CAJ) Other actors involved - CSOs, private sector, working groups, multilaterals etc. MAPACA Trust, Twaweza East Africa, Youth Agenda, National Taxpayers Association, Transparency InternationalKenya.

Policy Areas

Access to Information, Anti-Corruption, Beneficial Ownership, E-Government, Extractive Industries, Gender, Legislation & Regulation, Marginalized Communities, Open Contracting and Public Procurement, Open Data, Open Response & Open Recovery, Public Participation, Public Procurement, Whistleblower Protections

IRM Review

IRM Report: Pending IRM Review

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Pending IRM Review

Relevant to OGP Values: Pending IRM Review

Potential Impact: Pending IRM Review

Implementation i

Completion: Pending IRM Review

Description

This commitment will implement a national end to end e-government system adopting the Open Contracting Data Standard (OCDS), to cover all stages of public procurement in Kenya. The system will be interoperable with all other government E-Systems. This commitment will ensure more efficient delivery of public goods and services, and increased opportunities to do business with government for all citizens. This includes increased opportunities for Women, Youth and Persons with Disability under the Access to Government Procurement Opportunities (AGPO) initiative.

Objective To ensure reduced fraud and corruption, increased transparency, accountability, value for money, competitiveness, and authenticity of all public procurement processes. This includes all emergency procurement during the Covid-19 pandemic. The system will also boost performance on public contracts, deliver more efficient planning, monitoring, evaluation, audit and reporting of public procurement.

Status quo: Since 2003, public procurement in Kenya has been done through the country’s Integrated Financial Management Information System (IFMIS). Despite a number of public finance management reforms including the adoption of IFMIS, procurement in Kenya has not yet achieved the threshold of accountability, transparency, competition, equity and inclusivity envisaged in the Constitution of Kenya 2010 and the Public Procurement and Asset Disposal Act (PPDA) 2015. More is needed to be done to strengthen the processes, controls and oversight of each stage of procurement. Additionally, improvements are needed in publishing high quality open data on all stages of procurement including planning, tendering, awarding, contracting, implementation and oversight. Finally, more robust public participation as envisa

Ambition The commitment seeks to achieve maximum impact and accountability of public funds expenditure on behalf of citizens; effective delivery of goods and services, stimulate market opportunities including for Women, Youth and Persons with Disability, support diversification of supply chains, and increase checks and balances for emergency procurement - particularly in the Covid-19 pandemic response and recovery period.

No. Verifiable and measurable milestones to fulfill the commitment Status of milestone Start Date End Date 1. Publish beneficial ownership information on foreign and local companies bidding for and winning mining contracts Ongoing February 2021 June 2022 2. Ensure the new end to end e-government procurement system is interoperable with open contracting portals developed by national and devolved governments set up for public funds management New February 2021 December 2021 3. Amend PPDA 2015 to strengthen and encourage whistleblowing with a clear definition and scope of (robust and comprehensive) protection. Offer protective and easily accessible anonymous whistleblowing channels New February 2021 December 2021 4. Develop draft national and county open contracting policies, acts and regulations to guide the data collection, disclosure and management of the E-Government Procurement system which adopts the Open Contracting Data Standard (OCDS) New February 2021 December 2022 5. Fully operationalize the Public Procurement Information Portal (PPIP) with 100% of all procuring entities registered and actively submitting all information on the portal as per Executive Order No. 2 of 2018 in a timely manner. Information provided for publication to the PPIP by should include both foreign and local companies bidding for contracts in Kenya New March 2021 January 2022 6. Publish all quarterly, annual and periodic reports generated under the Public Procurement and Assets Disposal Act (PPDA) 2015, on the Public Procurement Information Portal (PPIP) for transparency New March 2021 December 2022 7. Adopt low tech/rural connectivity information dissemination mechanism for all Access to Government Procurement Opportunities (AGPO) documentation (including providing hard copies of documentation) as per provisions of the Access to Information Act 2016 New April 2021 April 2022 8. Develop a mechanism to ensure that public feedback through the project life cycle is documented and meaningfully channeled into decision-making New April 2021 April 2022 9. Enactment of national legislation and an enabling framework for comprehensive Whistleblower Protection in Kenya. This legislation will provide a clear scope of protected disclosures, protected persons and control measures to facilitate whistleblowing New April 2021 December 2022 10. Develop and implement joint public awareness campaign on measures for protection of whistleblowers with civil society New May 2021 December 2022

Commitments

  1. Create public beneficial ownership register

    KE0024, 2020, Access to Information

  2. Implement e-government system adopting Open Contracting Data Standard

    KE0025, 2020, Access to Information

  3. Publish open data to spur innovation in public service delivery and development

    KE0026, 2020, Access to Information

  4. Increase efforts to promote public participation in the legislative process

    KE0027, 2020, Civic Space

  5. Apply County Peer Review Mechanism to improve public service delivery

    KE0028, 2020, E-Government

  6. Implement Access to Information Act

    KE0029, 2020, Access to Information

  7. Implement legislation to increase access to justice

    KE0030, 2020, Access to Justice

  8. Build institutional support of OGP

    KE0031, 2020, Capacity Building

  9. Beneficial Ownership

    KE0018, 2018, Access to Information

  10. Open Contracting

    KE0019, 2018, Access to Information

  11. Open Geo-Spatial Data for Development

    KE0020, 2018, Access to Information

  12. Public Participation

    KE0021, 2018, Capacity Building

  13. Governance Indices

    KE0022, 2018, Capacity Building

  14. Open Government Resiliency

    KE0023, 2018, Capacity Building

  15. More Transparent and Participatory Development of Climate Polices at the National and Subnational Level

    KE0010, 2016, Access to Information

  16. Enhancing Preventive and Punitive Mechanisms in the Fight Against Corruption and Unethical Practices

    KE0011, 2016, Anti-Corruption

  17. Enhance Transparency in the Legislative Process

    KE0012, 2016, E-Government

  18. Publish Oil and Gas Contracts

    KE0013, 2016, Anti-Corruption

  19. Starred commitment Ensure Greater Transparency Around Bids and Contracts

    KE0014, 2016, Anti-Corruption

  20. Create Transparent Public Procurement Process, Public Oversight of Expenditure and Ensure Value-For-Money Towards Citizen Priorities

    KE0015, 2016, Access to Information

  21. Improving Access to Government Budget Information and Creating Wider and More Inclusive Structures for Public Participation

    KE0016, 2016, E-Government

  22. Starred commitment Enhance Right to Information

    KE0017, 2016, Access to Information

  23. Starred commitment Improving Transparency in Electoral Processes: 1.A. Definition of Electoral Boundaries and Name.

    KE0001, 2012, Media & Telecommunications

  24. Improving Transparency in Electoral Processes: 2.B. Voting Information Online

    KE0002, 2012, Access to Information

  25. Promoting Public Participation: 1.B. End-To-End Service Delivery Portal

    KE0003, 2012, E-Government

  26. Promoting Public Participation: 1.D. Public Complaints Portal

    KE0004, 2012, E-Government

  27. Promoting Public Participation: 2.C. Kenya Action Plan Online

    KE0005, 2012, Public Participation

  28. Promoting Public Participation: 1.C. Open Data Portal

    KE0006, 2012, Access to Information

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

    KE0007, 2012, E-Government

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

    KE0008, 2012, Fiscal Openness

  31. Open Budgets: 3.B. Increase Public Participation in Budgetary Processes

    KE0009, 2012, Access to Information

Open Government Partnership