Parliament Rejects Ruto, Mbadi Directive on New Procurement Plan
The National Assembly has reversed a crucial decree issued by President William Ruto’s government, putting an end to plans to mandate the use of the Electronic Government Procurement (eGP) system across all public institutions.
The decision occurred after the Committee on Delegated Legislation, chaired by Ndia MP George Kariuki, proposed cancelling important circulars issued by Treasury Cabinet Secretary John Mbadi and the Head of Public Service in March and June 2025.
The committee deemed the directions ‘unconstitutional and extra vires’, claiming they breached sections of the Public Procurement and Asset Disposal Act.
In its report to the National Assembly, the committee ruled that circulars dated March 26, 2025, and June 5, 2025, improperly intended to compel all accounting officials to move to the eGP platform by July 1, 2025.
“The Committee concurs with the annulment of Circular No. 06 of 2025 and further recommends that the earlier circulars by the National Treasury and the Head of Public Service be declared null and void,” the report reads in part.
Lawmakers acknowledged that the directions had caused confusion inside ministries and state agencies that had previously planned projects for the fiscal year 2024/2025 under the existing manual procurement structure.
They also cautioned that enforcing the eGP system in the middle of the year would disrupt ongoing tenders and cause service delivery delays.
In a significant resolution, the Committee recommended that all public projects for the fiscal year 2024/2025 proceed as planned, with the use of both manual and electronic procurement processes.
This, it added, would allow for greater flexibility and efficiency in administering government contracts.
“The implementation of projects already approved under the current financial year should not be interrupted,” the report noted.
“Procuring entities should be allowed to proceed using either system in line with Section 70(1) of the Procurement and Asset Disposal Act.”
The committee additionally directed that any future modifications to the procurement system be supported by regulations submitted to Parliament for approval, criticizing the Treasury for avoiding legislative supervision.
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Moving forward, the committee suggested that the National Treasury provide specific regulations to guide any new e-procurement circulars before they are implemented.
This, it claimed, would ensure transparency, accountability, and obedience to the law.
In September of this year, the High Court temporarily blocked the government’s mandate requiring all state agencies and county governments to utilize the eGP system for procurement.
The court further directed that the National Treasury and the Public Procurement Regulatory Authority (PPRA) accept and process both manual and electronic submissions equally, as long as they fit the legal criteria of the Act.
Parliament Rejects Ruto, Mbadi Directive on New Procurement Plan
