The rollout of the Electronic Government Procurement System Monday suffered a temporary setback after the High Court in Nairobi issued conservatory orders suspending its mandatory implementation.
Justice Bahati Mwamuye ruled that both manual and electronic tender submissions should be accepted equally, pending the hearing of a petition challenging the directive by the National Treasury and the Public Procurement Regulatory Authority.
“A conservatory order be and is hereby issued requiring that all Public Procurement Entities shall comply with Section 77(1) of the Public Procurement and Disposal Act in that submission of tender documents shall be in writing and in either electronic or manual form; and such submissions shall comply with the other requirements of Section 77 generally and subsection (1) in particular,” stated Justice Mwamuye at the Milimani Law Courts in Nairobi.
The orders will remain in force until October 14, when the petition will be heard.
The e-GP system was part of the International Monetary Fund (IMF)-backed reforms to streamline government procurement and was originally set for roll-out in 2024.
All government departments were expected to fully integrate into the system by this week.
The Council of Governors has vehemently opposed the initiative, terming it ill-prepared.
Separately, the High Court in Kerugoya has suspended the operationalisation of a framework for compensating victims of demonstrations and public protests.
The orders, issued by Justice Kizito Magare, will remain in force until the case is heard and determined.
