The High Court has halted the government’s directive requiring all public entities to exclusively use the electronic Government Procurement System (e-GPS) for tenders. In its ruling, the court clarified that agencies can still submit or receive bids manually, provided they comply with the Public Procurement and Disposal Act.
Highlights:
- High Court stops compulsory use of e-GPS in public procurement.
- Public entities allowed to handle tenders manually or electronically.
- Court says law permits flexibility as long as requirements are met.
- Ruling is a major setback to government’s push for full digital procurement.
Main Story
Court Strikes Down Mandatory e-GPS
On Monday, the High Court ruled against the government’s enforcement of compulsory use of the electronic Government Procurement System (e-GPS) in all tenders.
The court declared that while e-procurement is encouraged, public entities cannot be forced to exclusively adopt the system. Instead, they are free to use either manual submissions or electronic platforms, as long as the process adheres to the Public Procurement and Disposal Act.
Implications for Public Agencies
The ruling is a significant setback for the state’s push to digitize procurement under the e-GPS platform, which had been rolled out to enhance transparency and accountability.
Critics had argued that forcing entities to rely solely on e-GPS disadvantaged those facing connectivity challenges, system breakdowns, or transitional delays.
Compliance with Procurement Law
The High Court emphasized that the most important factor is compliance with the Public Procurement and Disposal Act not the method used to submit or receive tenders. This means both manual and digital processes remain valid under the law.
It remains unclear whether the government will appeal the decision or make adjustments to its procurement strategy. For now, ministries, parastatals, and county governments have the option to continue using manual tenders alongside e-GPS.
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This ruling reopens the debate on whether Kenya’s march toward digital governance should be a matter of choice or compulsion.
