A new report has revealed that 22 county governments have failed to provide procurement opportunities to youth, women and persons with disabilities, in violation of legal requirements.
The Senate National Cohesion Committee disclosed these findings in an investigative report on access to government procurement opportunities, tabled in the House last week.
This is despite the report mentioning the existence of Access to Government Procurement Opportunities (Agpo) certificates, thus denying the disadvantaged groups the much-needed opportunity.
It says that some registered disadvantaged groups act as intermediaries ('middlemen') rather than executing contracts themselves.
“This practice undermines the purpose of the Agpo initiative and limits direct benefits to the intended groups,” the report says.
The probe followed widespread protests by the youth, commonly known as Gen Z, over alleged discrimination in job and procurement opportunities in the devolved units.
Titled 'Report on consideration on the current state of the nation', the document highlights widespread non-compliance among devolved units with legal provisions that mandate state entities to reserve at least 30 per cent of procurement opportunities for special interest groups.
“Furthermore, some entities failed to award any contracts to businesses owned by PWDs, limiting their access to government procurement opportunities,” the report states.
The following counties fell short of the 30 per cent threshold:
Kwale allocated 19.9 per cent of their tenders to youths, women and people with disabilities; Wajir granted 8.8 per cent; and Isiolo offered 11.8 per cent.
Others include Meru (10 per cent), Embu (18.89 per cent), Kitui (17.39 per cent), Machakos (6.6 per cent), Makueni (21 per cent), Nyeri (27.1 per cent) and Kiambu (19.13 per cent).
The list also features Turkana (24 per cent), Nandi (28.23 per cent), Baringo (21 per cent), Nakuru (27.4 per cent), Samburu (9.2 per cent), Narok (14.1 per cent), Kericho (10.6 per cent), Vihiga (15 per cent), Migori (10.95 per cent), Nyamira (11.83 per cent) and Nairobi (10.7 per cent).
Section 53(6) of the Public Procurement and Asset Disposal Act requires that a minimum of 30 per cent of public procurement opportunities be reserved for youth, women and PWDs.
However, the report reveals that while some counties have awarded tenders to these categories, they consistently award the contracts to a few firms – a small group of established disadvantaged businesses.
“Instead of ensuring fair competition and inclusivity, these entities repeatedly award contracts to the same suppliers, failing to rotate opportunities as required by procurement regulations,” the report says.
In light of the findings, the committee has recommended that the Public Procurement Regulatory Authority submit annual reports to the Senate on counties’ performance in implementing Access to Government Procurement Opportunities.
“The county governments should develop and implement affirmative action programmes and benchmark with their better-performing counterparts to ensure compliance with Section 53(6) of the Public Procurement and Asset Disposal Act,” the report states.
According to the report, many disadvantaged groups lack adequate skills and knowledge on public procurement processes, making it difficult to compete effectively.
The committee asked the county governments to take immediate measures to enhance the accessibility of job advertisements.
“This should be done by diversifying their means of advertisement by utilising social media platforms, national radio stations and TV stations and the use of local leaders to help reach a wider pool of candidates, including special interest groups.”
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