In a notable legal victory, Advocate Peter Wanyama of Manyonge Wanyama & Associates LLP successfully represented the Council of Governors and other petitioners in securing conservatory orders from the High Court suspending the decision by the Cabinet Secretary for the National Treasury and the Public Procurement Regulatory Authority requiring all procurement to be conducted exclusively on an electronic platform.
In a statement on X, Advocate Wanyama explained that while e-procurement is an excellent policy direction to enhance transparency and efficiency in public procurement, its rollout must be aligned with the law. He emphasized that the petition was a “targeted” legal intervention, not intended to permanently halt e-procurement but to ensure its implementation respects legal frameworks.
“We argue that whereas e-procurement is an excellent idea, its implementation should be done within the four corners of the law,” Wanyama said. He further highlighted the need for adequate public participation and consultations with key stakeholders, especially county governments, whose involvement is critical in the procurement process. The petitioners called for the enactment of a legal framework that underpins and supports the e-procurement platform before full implementation.
The High Court’s conservatory orders come as a precautionary measure to emphasize the importance of ensuring that government policy directives, particularly those which fundamentally alter procurement procedures, adhere to constitutional and statutory requirements including public participation. It sends a clear message that reforms in public procurement must be done inclusively and legally, respecting the rights of devolved governments and stakeholders. The ruling offers a temporary reprieve that allows time for proper stakeholder engagement and legislative backing to support e-procurement initiatives.
