National Treasury Cabinet Secretary John Mbadi has reiterated the government’s firm commitment to e-procurement, dismissing claims that the directive requiring its use had been withdrawn.
Addressing the Development Partnership Forum on Thursday, Mbadi stressed that government officers have no legal or procedural grounds to ignore the circular, making it clear that Kenya will not revert to the manual procurement system.
“There has been contention that e-procurement was revoked. Let me be clear: Parliament has not revoked anything. If any government officer is going to use that as an excuse, I will not accept it,” Mbadi stated.
He clarified that the circular, just like other Treasury directives on zero-based budgeting and the Treasury Single Account, remains legally binding. Mbadi added that these measures form part of wider government reforms aimed at strengthening transparency and efficiency in managing public finances.
Mbadi also responded to reports claiming that Parliament had revoked mandatory e-procurement.
“I have issued circulars to guide government officers on procurement processes. When I issue circulars on e-procurement, questions arise, yet these are directives from the National Treasury. Parliament has not revoked any circular, and there is no legal requirement to present these circulars for approval,” he clarified.
He reminded the forum that during his vetting in Parliament, he pledged to roll out e-procurement, a commitment that legislators supported at the time.
“So how can Parliament now claim it is violating the Constitution? Which provision? There is no violation. The Constitution is clear that accounting and procurement systems are functions of the National Treasury. We design these systems for the government. Nothing has been revoked,” Mbadi stressed.
Last week, MPs approved the adoption of the Committee on Delegated Legislation report, fully withdrawing Public Procurement Regulatory Authority Circular No. 04/2025 that sought to make the electronic Government Procurement System (e-GPS) the sole method for processing government tenders.
The motion, seconded by Minority Leader Junet Mohamed, was approved unanimously.
The committee, chaired by Ainabkoi MP Samuel Chepkonga, pointed out that the circular was attempting to bypass parliamentary oversight by placing the nation under new procurement standards without the basis of law. It held that the directive was in contravention of Section 77 of the Public Procurement and Asset Disposal Act, which permits government entities to tender manually or electronically.
The report also noted that the circular violated various constitutional provisions, including Articles 2(1) and (2), 10, 27(2), 94(5), and 227. The sections address supremacy of the Constitution, national values and principles of governance, equality and fundamental rights, Parliament’s exclusive lawmaking role, and procuring in such a way that it is fair, competitive, transparent, and cost-effective.
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