Public Procurement and Asset Disposal Act, 2015 🇰🇪

Kenya

Preface

Part I – PRELIMINARY

1. Short title

2. Interpretation

3. Guiding principles

4. Application of the Act

5. Conflicts with other Acts

+1 more sections

Part II – BODIES INVOLVED IN THE REGULATION OF PUBLIC PROCUREMENT AND ASSET DISPOSAL

7. Role National Treasury on public procurement and assets disposal

8. The Public Procurement Regulatory Authority

9. Functions of Authority

10. Public Procurement Regulatory Board

11. Qualifications of members of the Board

+21 more sections

Part Ill – COUNTY GOVERNMENT RESPONSIBILITIES WITH RESPECT TO PUBLIC PROCUREMENT AND ASSET DISPOSAL

33. Roles and Responsibilities of the County Government

Part IV – POWERS TO ENSURE COMPLIANCE

34. Powers to ensure compliance

35. Investigations

36. Powers of investigators

37. Report of investigation

38. Order by the Director-General

+6 more sections

Part V – INTERNAL ORGANISATION OF PROCURING ENTITIES

44. Responsibilities of the accounting officer

45. Corporate decisions and segregation of responsibilities

46. Evaluation Committee

47. Procurement function

48. Inspection and acceptance committee

+4 more sections

Part VI – GENERAL PROCUREMENT AND ASSET DISPOSAL PRINCIPLES

53. Procurement and asset disposal planning

54. Procurement pricing and requirement not to split of contracts

55. Eligibility to bid

56. Use of list of another state organ or public entity

57. List of registered suppliers

+12 more sections

Part VII – BASIC PROCUREMENT RULES

70. Standard tender documents

71. Registration of suppliers

72. Responsibility for complying with Act, etc

73. Initiation of procurement process

74. Invitation to tender

+15 more sections

Part VIII – CLASSIFIED PROCUREMENT METHODS AND PROCEDURES

90. Classified procurements and disposals

Part IX – METHODS OF PROCUREMENT OF GOODS, WORKS AND SERVICES

91. Choice of procurement procedure

92. Methods of procurement

93. Pre-qualification

94. Pre-qualification documents

95. Approval of pre-qualified candidates

+20 more sections

Part X – PROCUREMENT OF CONSULTANCY SERVICES

115. Application of this Part

116. When request for proposals may be used

117. Initiation of procurement

118. Request for proposal inviting expression of interest

119. Notice inviting expressions of interest

+14 more sections

Part XI – PROCUREMENT CONTRACTS

134. Preparation of contracts

135. Creation of procurement contracts

136. Refusal to sign contract

137. Changes to contract responsibilities

138. Publication of procurement contract

+16 more sections

Part XII – PREFERENCES AND RESERVATION IN PROCUREMENT

155. Requirement for preferences and reservations

156. Eligibility for more than one preference scheme

157. Participation of candidates in preference and reservations

158. Procurement plans and monitoring compliance

Part XIII – INVENTORY CONTROL, ASSET AND STORES MANAGEMENT AND DISTRIBUTION

159. Receipt, and recording of goods, works and services

160. Objectives of Inventory Control, Asset and Stores Management and Distribution

161. Inventory, Stores and Assets Management system

162. Management of Inventory, Stores and Assets

Part XIV – DISPOSAL OF ASSETS

163. Disposal committee

164. Disposal procedure

165. Methods of disposal

166. Restriction on disposal to employees, etc

Part XV – ADMINISTRATIVE REVIEW OF PROCUREMENT AND DISPOSAL PROCEEDINGS

167. Request for a review

168. Notification of review and suspension of proceedings

169. Rejection of requests by Review Board Secretariat

170. Parties to review

171. Completion of review

+4 more sections

Part XVI – OFFENCES AND SANCTIONS

176. Prohibitions and offences

177. General penalty and sanctions

178. Protection from personal liability and indemnity

Part XVII – POLICY OPERATIONALIZATION AND REVIEW

179. Consultative meetings

180. Making of Regulations

181. Code of Ethics

Part XVIII – REPEAL, TRANSITION AND SAVINGS PROVISIONS

182. Repeal of No. 3 of 2005 and savings

183. Transitional provisions

FIRST SCHEDULE

1. Meetings

2. Voting

3. Deleted by Act No. 32 of 2022, s. 37.

4. Secretary

5. Minutes

SECOND SCHEDULE

Subsection (1)

Subsection (2)

Subsection (3)

Subsection (4)

THIRD SCHEDULE

1. Existing procurement proceedings continued under repealed Act

2. Confidentiality in relation to past proceedings

3. Records of past procurements

4. Publication of existing contracts

5. Amendments to existing contracts

+6 more sections

REPUBLIC OF KENYA

Public Procurement and Asset Disposal Act, 2015

Act 33 of 2015

Assented to on 18 December 2015
Commenced on 7 January 2016
[This is the version of this document as it was from 7 January 2016 to None.]

AN ACT of Parliament to give effect to Article 227 of the Constitution; to provide procedures for efficient public procurement and for assets disposal by public entities; and for connected purposes

Part I – PRELIMINARY

1. Short title

This Act may be cited as the Public Procurement and Asset Disposal Act, 2015.

2. Interpretation

In this Act, unless the context otherwise requires—"accounting officer" has the meaning assigned to it under section 2 of the Public Finance Management Act, 2012 (No. 18 of 2012);"appeal" means a request for administrative review or complaint filed with the Appeals Review Board pursuant to section 167 of this Act;"assets" means movable and immovable property, tangible and intangible, including immovable property, stores, equipment, land, buildings, animals,…

Read the Full Legislation on judy.legal

Access annotations, citing cases, and more legal research tools.

Open in judy.legal

Public Procurement and Asset Disposal Act, 2015 🇰🇪

Table of Contents

REPUBLIC OF KENYA

Public Procurement and Asset Disposal Act, 2015

Act 33 of 2015

Part I – PRELIMINARY

1. Short title

2. Interpretation

Read the Full Legislation on judy.legal