ABOUT THE COURSE

The public procurement regulation in Kenya has undergone tremendous changes especially in the last 8 years. The changes have involved both legal and policy shifts, including enshrining public procurement issue into the Constitution of Kenya 2010.

From the era of “no regulation” spanning the period from pre-independence days to the year 2001, the public procurement regime has been transformed incrementally through the law, climaxing in its recognition in the Constitution of Kenya 2010. Article 227 of the Constitution sets the policy and tenor of public procurement regulation by declaring boldly the policy guidelines and the objectives to be attained through public procurement, which accounts for about 20-30% of the gross domestic product (GDP).

In accordance with the Sixth Schedule of the Constitution of Kenya 2010, Parliament passed the Public Procurement and Asset Disposal Act, No. 33 of 2015 to align the procurement function to the Constitution and Government policies. The new law was assented to on 18^th December, 2015 and took effect on 7^th January 2016. The Cabinet Secretary for National Treasury subsequently gazetted the Public Procurement and Asset Disposal Regulations 2020 on 22^nd April 2020 (Legal Notice No. 79 of 2020), but the Regulations took effect in July 2020.

‘PUBLIC PROCUREMENT LAW & PRACTICE’ is a 5-day course conceptualized and developed by the Kenya School of Law in response to unmet needs in the public procurement sub-sector. The goal of the course is to empower the participant by appreciating the legal and regulatory framework, the crucial changes introduced through legislation and through policy guidelines, as well as scrutinise the Constitutional imperatives in public procurement matters, thus equipping the participant with the requisite skills to handle procurement function and activities in their respective institutions. The participant will understand the roles of various players in the procurement value chain in the public sector. The course is suitable for policy makers, procurement managers, procurement officers, procurement clerks, members & other committees, of evaluation committees, corporation secretaries, legal officers, contractors and suppliers, procurement practitioners and legal practitioners.

TRAINING FOCUS

Highlights of the course will be an interactive concrete discussion of:

• Public procurement policy and its impact on public procurement practice;

• Legal and regulatory framework of public procurement;

• Procurement strategy & planning

• The Public Procurement and Asset Disposal Act, No. 33 of 2015 & Regulations (2020);

• Compliance & ethical issues;

• A review of common risk areas in procurement;

• Disputes resolution: judicial interpretation of various procurement disputes;

• Learning from the past: challenges in implementing the law and policies.

By the end of the course the participant will be equipped to competently-

a)     Explain the policy imperatives of public procurement;

b)    Apply procurement rules to actual practice within the dynamic legal framework;

c)     Apply the legal requirements under the new Act

d)    Develop and amend internal procurement policies to align them with the legal and policy framework;

e)     Manage procurement legal risks;

f)      Help their respective accounting officers in effecting compliance with procurement law, policy and guidelines by their institutions.

Applicants are encouraged to register online at https://services.ksl.ac.ke/web/signup or download and fill the form at:

https://www.ksl.ac.ke/wp-content/uploads/2018/04/CPD_REGISTRATION_FORM_.pdf  

Money should be deposited in the School’s Account No. 202 2029 110, Absa Bank PLC, Absa Plaza Branch, Nairobi, Kenya) and banking slips presented to the Finance office. Please note that we would wish to have your duly completed application form and proof of payment by 3^rd February, 2025 to enable us to adequately prepare for the course. Late applicants should confirm availability of space before paying for the course.

For more information, please contact Course Coordinator, Mr. Isaac Kuloba (Asst. Director, CPD), or Course Administrator Ms. Christine on: Tel: +254‐ +254(020) 2699581/6

Email: cpd@ksl.ac.ke;  cmwanza@ksl.ac.ke     Website: www.ksl.ac.ke

CPD Points: 3