Key government agencies, including President William Ruto and DP Rigathi Gachagua's offices, are on the spot for failing to disclose the identities of individuals who scooped tenders in the past two financial years.
A new compliance report by the Public Procurement Regulatory Authority (PPRA) has detailed how some state agencies blatantly defied state order that they publish the identity of government suppliers and their shareholders.
At least 273 state agencies have been flagged for having traded without letting Kenyans know who benefited from the tenders as required by the state to weed out corruption.
In June 2018, the government issued an order that all ministries, state departments and agencies make public directors and shareholders of firms they award tenders.
Also to be published were the names of the evaluation committee members who have awarded the tenders, as well as the capacities of the winning firms.
But like was two years ago, PPRA says many procuring entities “wilfully failed to report their 2022-23, 2023-24 contract awards despite its circulars directing the publication.
It cited among others the Export Processing Zones Authority, the Public Service Commission, the National Irrigation Authority, the Kenya Post Office Saving Bank and the Kenya Airports Authority.
This means Kenyans may, for instance, never know the persons who bagged the billions used to renovate State House and the DP’s residences after they assumed office.
Taxpayers may also never know the individuals who earned billions from the tenders to fix the ever-leaking JKIA terminals.
The National Irrigation Authority, in the period under review, constructed a number of dams and water reservoirs for billions of shillings.
Big-time suppliers at the National Aids Control Council, the agency that handles response to transmittable diseases, also remain masked following the non-disclosure.
Taxpayers may also never know the individuals who supplied items and rendered services to the Kenya National Examination Council.
Sports, Arts and Social Development Fund, another multibillion-shilling tender kitty, also did not name its suppliers.
Kenya Trade Network Agency, Kenya National Commission for UNESCO, National Council for Population and Development, Postal Corporation of Kenya, Kenya Water Institute, The President's Award-Kenya also did not disclose the faces behind the huge tenders they awarded in the year.
This is despite the requirement that they consolidate and publish the information on the 15th of every subsequent month on eCitizen, the agencies’ websites, PPRA platforms, public notice boards and official government publications.
PPRA director general Patrick Wanjuki said, “The list is not exhaustive; other non-compliant procuring entities and those falling under the review period of January 2024 to June 2024 shall be published on September 30, 2024.”
The regulator has also cited the Ministry of Sports, Culture and the Arts and Kenyatta National Hospital over the breach.
PPRA has further called out many other agencies for blocking its inspectors.
Ketraco, Kebs, KICC, as well as Samburu, Garissa, Tana River, Kilifi and Tharaka Nithi county governments are among entities cited for “failing to cooperate with the authority”.
“They wilfully failed to cooperate with the authority in the exercise of its mandate to inspect, assess, review or audit procurement records,” PPRA said in the new report.
When procurement abuses prevailed despite the order by the Uhuru Kenyatta administration, PPRA directed that entities that don’t comply be barred from proceeding with tenders.
“It is mandatory for all procuring entities commencing new procurement and asset disposal activities to incorporate in the bid documents the revised tender and beneficial ownership disclosure form,” the 2022 PPRA circular read.
“The authority brings to the attention of all stakeholders this information for purposes of ensuring compliance.”
All successful tenderers were thus required to fill the beneficial ownership form and submit it before the execution of the contract.
Regardless, the agencies continued to defy and have been cited for refusing to provide the information requested.
“They by extension hindered the authority’s staff from conducting procurement and asset disposal audit,” Wanjuki said in the report.
Some of the named entities did not submit the documents for the procurements undertaken in 2022-23.
A number of procuring entities were also found to have “wilfully failed to submit to annual procurement plans” to PPRA.
Thirty-two state departments, including the Office of the Prime Cabinet Secretary, departments of medical services, gender and affirmative action, parliamentary affairs, crop development and transport, were called out.
The housing department did not submit its procurement plans to the regulator for review, neither did the National Police Service, Administration Police Service, General Service Unit and Government Chemist.
Other entities with huge recurrent budgets that did not disclose their purchase plans were the Civil Registration Service, Directorate of Criminal Investigations, Ministry of Energy, Department of Public Health and Kenya Meteorological Department.
The Ministry of Defence, Judicial Service Commission, National Cohesion and Integration Commission and the NG-CDF Board did not submit procurement plans for the respective years.
At least 21 county assemblies notably West Pokot, Mombasa, Tana River, Baringo, Marsabit, Migori, Uasin Gishu, Busia, Isiolo, Mandera, Kakamega, Kwale, Taita Taveta, Makueni, Migori, Narok, Samburu, Kisii and Nandi did not disclose their procurement plans.
PPRA has also named 123 constituency committees for not publishing procurement plans as required by the law.
The regulator also cited 73 state corporations as having traded in the year without submitting a procurement plan for PPRA review.