Most public schools are yet to comply with the 2015 procurement laws which exposes public funds to possible loss, a review by the procurement watchdog says.
The law demands the creation of an independent department to carry out the function.
An advisory signed by Public Procurement Regulatory Authority director general Patrick Wanjuki shows that only a small fraction of learning institutions have complied with the provisions of the Public Procurement and Asset Disposal Act of 2015 in carrying out purchase function for their supplies.
Those that have complied are 35 out of 627 public colleges, including universities and tertiary institutions, and two public primary and secondary schools out of 32,800.
The authority says it conducted the review over the year and the findings show the state of things as of October 31, 2023.
The part most flouted is the requirement to establish a fully stocked procurement department headed by an officer licensed by the Kenya Institute of Supply Management.
The aim is to ensure professionalism and accountability in the handling of procurement processes.
To remedy this, the authority has asked the boards of management of primary and secondary schools as well as the governing entities of the colleges to compel the accounting officers-the head teacher or principal- to set up independent procurement units.
It also demands that before the head teachers or principals sign off on any procurement, the head of the procurement function must issue a duly signed professional opinion.
In case any school lacks internal capacity to comply with the requirement, the advisory by Wanjuki says they can exhaust alternative means, including using consortium buying, engaging registered and licensed procuring or asset disposal agent.
They can also “make arrangements upon approval of the respective governing body to enable another procuring entity to carry out the procurement or part of the procurement on behalf of a procuring entity”.
They can also “transfer their procuring responsibility to another public entity with capacity to carry out the procurement and asset disposal functions on their behalf".
The advisory copied to the Teachers Service Commission says that head teachers and principals not complying with the requirements will be held personally responsibility.
“Head teachers, principals or any other officers undertaking the functions of the accounting bear the primary responsibility of ensuring the public entity complies with the Act pursuant to section 44(1) of the Act,” it reads.
“Failure by the procuring entity to undertake any procurement proceedings in accordance with the Act, to submit mandatory reports and publish procurement information in the PPIP amounts to non-compliance and is considered an offence under Section 176 (m) of the Act.”
“All head teachers, principals or any other officers undertaking the functions of accounting officers are directed to ensure full compliance with the provisions of the law with respect with this matter…”
