Procurement Risk:
Very High
Score:
28/100
Government Policy
Q57
13/100
Does the country have legislation covering defence and security procurement with clauses specific to corruption risks, and are any items exempt from these laws?
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This indicator is not assigned a score in the GDI. The Public Procurement and Disposal Act No.33 of 2015 (PPADA) is the formal legislation…
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The PPRA has the mandate to enforce the Public Procurement and Asset Disposal Act. Section 63 of the Act addresses the requirement for declaration…
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There have been major cases of corruption, some of which have been linked to the Ministry of Defence (MOD). One such recent incident involved…
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Q58
50/100
Is the defence procurement cycle process, from assessment of needs, through contract implementation and sign-off, all the way to asset disposal, disclosed to the public?
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The Ministry of Defence (MOD) outlines the procurement process of major defence equipment on its website. The outlined steps indicate a formalised process, starting…
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Ministry of Defence (MOD) claims that its procurement process follows regulations provided within the Public Procurement and Asset Disposal Act (PPADA). [1] The Act…
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The regulations provided for the procurement cycle are disaggregated within the Public Procurement and Asset Disposal Act (PPADA). [1] PPADA was updated with additional…
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Q59
33/100
Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?
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The Public Procurement Regulatory Authority (PPRA) has the oversight role in the procurement activities of all government ministries including the Ministry of Defence. The…
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Part IV of the Public Procurement and Asset Disposal Act (PPADA) stipulates the ‘Powers to ensure compliance’, which the Public Procurement Regulatory Authority (PPRA)…
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Evidence of activity related to procurement in the Ministry of Defence (MOD) is hardly available. However, this depends on the goods or services being…
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The Supply Chain Management Services Division oversees all procurement activities in the Ministry of Defence. According to the MOD, one of the functions of…
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No information about future defence purchases is regularly published by the government. There are instances when local media publishes information about planned purchases by…
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Capability Gap and Requirements Definition
Q62
38/100
What procedures and standards are companies required to have – such as compliance programmes and business conduct programmes – in order to be able to bid for work for the Ministry of Defence or armed forces?
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All entities who bid for work in the Ministry of Defence are subject to the Public Procurement and Asset Disposal Act (PPADA). Section 55…
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There is limited evidence to indicate that the Ministry of Defence follows regulations set out in the Public Procurement and Asset Disposal Act No.33…
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Q63
25/100
Are procurement requirements derived from a national defence and security strategy, and are procurement decisions well-audited? Are defence purchases based on clearly identified and quantified requirements?
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In principal the defence strategy is supposed to outline activities that enable defence to achieve its vision, mission and objectives. These in turn inform…
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Parliament has the mandate through the departmental committee, in this case, Defence and Foreign Relations Committee, as well as the Public Accounts Committee (PAC)…
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The Ministry of Defence (MOD) is expected to prepare an annual procurement plan as stipulated in section 53 (2) of the Public Procurement and…
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Tender Solicitation, Assessment and Contract Award
Q64
38/100
Is defence procurement generally conducted as open competition or is there a significant element of single-sourcing (that is, without competition)?
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The majority of low-value defence procurements are conducted on an open competition basis. However, for high-value procurements, they are rarely made public and are…
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There are a number of departmental committees in parliament that are mandated to scrutinise MOD’s procurement processes they include parliamentary Public Accounts Committee (PAC)…
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Q65
38/100
Are tender boards subject to regulations and codes of conduct and are their decisions subject to independent audit to ensure due process and fairness?
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All persons participating in public procurement and asset disposal activities which includes those in Ministry of Defence (MOD) are required to comply not only…
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Part VI of The Public Procurement and Asset Disposal Regulations, 2020 which came into effect on July 2, 2020, sets out the procedure on…
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Procurement entities of government and state entities including Ministry of Defence tender boards are established, governed and regulated according to procedures set out in…
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Allthough the majority of Ministry of Defence (MOD) decisions are often shielded from scrutiny, some of the decisions especially on low-value procurements can be,…
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Q66
38/100
Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?
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Collusion in procurement processes within public service institutions which also covers Ministry of Defence (MOD), is addressed in the Public Procurement and Asset Disposal…
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Section 176 of the Public Procurement and Asset Disposal Act outlines the prohibitions and offences related to public procurement. Sanctions outlined for bribery and…
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Cases related to corruption, bribery and collusion between bidders and defence officers are at times investigated and some often go to trial. There have…
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The Public Procurement Regulatory Authority (PPRA) is mandated by the Public Procurement and Disposal act to implement and operationalize the public procurement system through…
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Contract Delivery and In-Service Support
Q67
25/100
Are there mechanisms and procedures that ensure that contractors meet their obligations on reporting and delivery?
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There are various mechanisms under The Public Procurement and Asset Disposal Act that govern compliance to procurement regulatory policies. First is section 151 of…
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Contracts of defence procurement are treated with a high level of confidentiality. The public does not get any access to details of these contracts…
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The Public Procurement Regulatory Authority has noted that contract implementation has been a huge challenge within procuring entities. In 2018, PPRA issued an executive…
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All public procurement entities are mandated, under section 158 of the Public Procurement and Asset Disposal Act, to submit both their procurement plan within…
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Q68
75/100
Are there mechanisms in place to allow companies to complain about perceived malpractice in procurement, and are companies protected from discrimination when they use these mechanisms?
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Companies are allowed in law in section 167 of The Public Procurement and Asset Disposal Act PPADA to lodge a complaint to the the…
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Any individual person is allowed to lodge complaints under section 167 of the The Public Procurement and Asset Disposal Act (PPADA) to the Public…
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There have often been complaints about the fairness of the procurement processes in the Ministry of Defence to The Public Procurement Administrative Review Board…
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Section 41 of the Public Procurement and Asset Disposal Act (PPADA) addresses ‘Debarment’ as a sanction for offences committed by a supplier. Offences may…
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There is little evidence on this issue, and therefore this indicator is marked ‘Not Enough Information’. Most procurement decisions and processes at Ministry of…
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Offences of corruption in defence procurement have often been penalised through prosecution, debarment, fines of up to ten million Kenya shillings, and imprisonment of…
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Offset Contracts
Q70
NEI/100
When negotiating offset contracts, does the government specifically address corruption risk by imposing anti-corruption due diligence on contractors and third parties?
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Kenya follows the World Trade Organisation (WTO) agreement on treaties, which prohibits offsets in the procurement process, including selection of supplier, evaluation of tenders…
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Currently, there is no evidence of anti-corruption due diligence on offset deals because Kenya’s military does not utilise offset contracting. In the event that…
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There are no existing policies and procedures to monitor offset contracts. [1] However, the government has for instance introduced some offsets to protect the…
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The public may not demand any transparency regarding offset contracts from the Ministry of Defence, because the government already prohibits offset contracts in most…
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There is no requirement for procurement officers to monitor and report on delivery obligations by contractors in relation to offset contracts. The role for…
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There exists no evidence of enforcement measures related to offset contracting in the Ministry of Defence. No enforcement measures are necessary because offset contracts…
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There is little evidence on this issue, and therefore this indicator is marked ‘Not Enough Information’. There are no records or information about the…
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Agents / Brokers
Q73
0/100
How strongly does the government control the company’s use of agents and intermediaries in the procurement cycle?
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The Public Procurement and Asset Disposal Act of 2015 does not contain any provisions for the use of intermediaries or agents in procurement. [1]…
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In the past there were guidelines around the use of intermediaries and agents in procurement, and hence there were sanctions that existed, if at…
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Financing Package
Q74
0/100
Are the principal aspects of the financing package surrounding major arms deals, (such as payment timelines, interest rates, commercial loans or export credit agreements) made publicly available prior to the signing of contracts?
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The procurement activities of the military are shrouded in great secrecy to safeguard state security. [1] Information regarding major arms deals is thus not…
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Seller Influence
Q75
NS/100
How common is it for defence acquisition decisions to be based on political influence by selling nations?
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This indicator is not assigned a score in the GDI. KDF acquisitions are sometimes influenced by the good relations between Kenya and the selling…
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This indicator is not assigned a score in the GDI. The Kenyan military often cites justifiable reasons for making purchases from specific sellers. KDF…
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This indicator is not assigned a score in the GDI. Military acquisitions in Kenya are determined by the Supply Chain Management Services Division in…
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