Procurement Risk:
Very High
Score:
32/100
57
38/100
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 Asset Disposal Act 33 of 2015 (Revised Edition 2022) is…
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The National Public Procurement and Asset Disposal Policy aims to address gaps in the Public Procurement and Asset Disposal system that have led to…
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Defence purchases do follow the law. However, there are instances where this has not been the case. A special audit ordered by the National…
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58
25/100
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 entire procurement cycle is formalised. The set formal process encompasses procurement planning, processing, inventory and asset management, asset disposal, and contract management. The…
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Some elements of the procurement cycle are provided, but not entirely. The procurement law obligates procurement entities to publish their annual procurement plans and…
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The Public Procurement Regulatory Authority (PPRA) publishes its annual report every year and among the compliance issues, it provides a highlight of procuring entities…
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59
42/100
Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?
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Procurement oversight mechanisms within the Ministry of Defence are independent and formalised. Multiple layers of oversight ensure accountability, including internal audits, scrutiny by the…
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While there is a fully-fledged procurement oversight mechanism, it may no be fully effective. According to the Auditor General’s findings on foodstuff procurement, M/s.…
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The review board publishes all its appeals and decisions on the PPRA website [1]. In the 2022/2023 annual report, the Public Procurement Administrative Review…
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The current Fourth Medium Term Plan 2023-2027 highlights key performance indicators and budget prioritization through the years, including plans to complete the manufacturing of…
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Kenya’s long-term development blueprint, Vision 2030, is implemented through Medium-Term Plans (MTPs) which span five years. The MTP provides a top-level procurement forward plan…
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Some defence purchases are not made public. Security or confidentiality is often given as a reason for such secrecy; this is partly, but not…
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PPRA’s Public Procurement Information Portal (PPIP) publishes data in accessible formats. They use the Open Contracting Data Standard, allowing interested parties to download data…
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62
50/100
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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Standard MoD tender documents require bidders to comply with Kenya’s anti-corruption laws and prevailing sanctions policies and procedures. This includes the Competition Act 2010,…
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A recent special audit revealed inconsistent implementation of policies and laws. Parliamentary Accounts Committee (PAC) examined procurements undertaken from 2014-2018 touching on food stuffs.…
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63
33/100
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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The National Defence Policy (White Paper) comprises four main sections: Foundations of National Defence Policy; Threats and Opportunities; Framework for Defence; and Responsibilities for…
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The Ministry of Defence Internal Audit conducts system audits to ensure key operating systems—such as cash management, procurement, transport revenue/AIA, and assets management—are functioning…
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While purchases are generally planned, the OAG reports highlight instances where shortcomings have occurred [1]. The Auditor General (OAG) noted that in FY 2021/2022,…
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64
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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It is difficult to ascertain what percentage of defence procurement are conducted as open or restricted, as there is no data provided in the…
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Section 9 of the PPADA Act confers PPRA with the mandate to monitor classified procurement information, including that of specific items of security organs…
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65
44/100
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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Officials with a role in designing tender specification, or in tender board decisions, are subject to regulations or codes of conduct that are designed…
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A comprehensive audit trail and procurement records must be maintained for at least six years for every transaction. Section 68 of the PPADA mandates…
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Since 2015, Kenya abolished permanent tender boards in public institutions. Instead, the procurement function now reports directly to the accounting officer, with temporary committees…
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PPRA scrutinises and undertakes pre-bidding analysis of tender notices, reviewing the extent to which specifications are objective. There is a team that examines tender…
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66
67/100
Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?
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Section 66 of the PPADA prohibits collusion between bidders and procuring entities [1]. The MOD tender documents explicitly forbid collusive practices. Bidders must comply…
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The MOD bidding documents exclude debarred entities from competing during the period where PPRA determines their ineligibility periods for debarred companies [1]. The PPRA…
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There is not enough information, particularly on the investigation and prosecution of collusion cases without undue influence, to score this indicator. Entities debarred have…
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PPRA and Kenya Institute of Supplies Management (KISM) conducts quarterly training on ethical practices for supply chain and procurement professionals, collaborating with EACC, OAG,…
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67
38/100
Are there mechanisms and procedures that ensure that contractors meet their obligations on reporting and delivery?
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Kenya’s procurement framework includes clear mechanisms to ensure contractors meet their delivery and reporting obligations. The Public Procurement and Asset Disposal Act (PPADA), 2015,…
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Executive Order No. 2 of 2018 requires all public entities, including the Ministry of Defence to publish contract award data, including amendments and sub-contractor…
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Section 152 of the PPADA mandates monthly progress reports on contract implementation to be submitted by the procurement head to the Accounting Officer [1].…
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There is limited information to assess the extent to which contract breaches are acted upon. However, available evidence demonstrates that Office of the Auditor…
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68
67/100
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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Formal mechanisms exist for companies to report perceived procurement malpractice. The Review Board and PPRA offer facilities for filing complaints, both officially and anonymously…
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Section 167 of the Public Procurement and Asset Disposal Act requires companies submitting a review request to provide a refundable deposit of at least…
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There is a significant number of companies that seek services of the review boards, and their continued use of the service suggests confidence in…
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Section 176 and 177 provide for offences, sanctions, and penalties. Section 177 also covers loopholes such as, “a person convicted of an offence under…
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There has not yet been prosecution of individuals or companies following the outcome of the OAG’s special audit on MOD, looking into periods 2014-15,…
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The Debarment manual outlines the consequences of a debarment decision in Part 13. When a person is debarred, they remain obligated under any existing…
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70
0/100
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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Offset contracts are not explicitly mentioned or regulated in Kenya’s Public Procurement and Asset Disposal Act (PPADA) of 2015 or in any other national…
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There is no specific evidence that due diligence is undertaken in relation to offset contracts in Kenya. The 10th Parliament’s Defence and Foreign Relations…
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There is no specific policy, procedure, or framework in place to monitor offset contracts in Kenya. Section 152 of the PPADA requires procurement entities…
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The government lacks transparency regarding offset contracts. Many details about Kenya’s military purchases are obtained through media reports, other countries’ websites, and Defence Cooperation…
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There is no evidence that the Ministry of Defence monitors offset obligations in procurement. While general contract performance monitoring is mandated under section 152…
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The 10th Parliament Defence Committee’s investigation into the F-5 fighter jet procurement exposed serious irregularities, including direct procurement without valuation, but did not involve…
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There is no explicit reference in Kenyan law or defence procurement regulations to competition requirements for offset contracts. Offset agreements, where they exist, appear…
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73
NEI/100
How strongly does the government control the company’s use of agents and intermediaries in the procurement cycle?
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Section 51 of the Public Procurement and Asset Disposal Act (PPADA), 2015 provides for the use of procuring or asset disposal agents, but under…
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There is not enough information on the application of sanctions against agents in defence procurement to score this indicator. While the Public Procurement and…
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74
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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Details of the financing package are not publicly available. There may be no information on whether a financing package exists at all. What exists…
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75
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. Kenya’s military acquisitions are driven by its modernisation efforts, strategic and mutual security interests,…
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This indicator is not assigned a score in the GDI. Defence purchases in Kenya are primarily guided by the country’s national security objectives, particularly…
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This indicator is not assigned a score in the GDI. Kenya maintains a policy of confidentiality regarding its military acquisitions, with parliamentary oversight being…
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0
NA/100
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Government Policy
Q57
NA/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?
View Question
Q58
NA/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?
View Question
Q59
NA/100
Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?
View QuestionCapability Gap and Requirements Definition
Q62
NA/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?
View Question
Q63
NA/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?
View QuestionTender Solicitation, Assessment and Contract Award
Q64
NA/100
Is defence procurement generally conducted as open competition or is there a significant element of single-sourcing (that is, without competition)?
View Question
Q65
NA/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?
View Question
Q66
NA/100
Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?
View QuestionContract Delivery and In-Service Support
Q67
NA/100
Are there mechanisms and procedures that ensure that contractors meet their obligations on reporting and delivery?
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Q68
NA/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?
View QuestionOffset Contracts
Q70
NA/100
When negotiating offset contracts, does the government specifically address corruption risk by imposing anti-corruption due diligence on contractors and third parties?
View QuestionAgents / Brokers
Q73
NA/100
How strongly does the government control the company’s use of agents and intermediaries in the procurement cycle?
View QuestionFinancing Package
Q74
NA/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?
View QuestionSeller Influence
Q75
NA/100