Factors affecting Access to Government Procurement Opportunities by minority groups in Kenya: a focus on eligibility and registration requirements

Abstract

Public procurement in Kenya is an area that is fast evolving. The coming into force of Kenya’s new constitution in 2010 set the stage for reforms in the procurement sector. This thesis examines the eligibility and registration requirements under Kenya’s preference and reservation program; it interrogates the eligibility and registration processes’ appropriateness and the impact that these processes bear on the realization of the overall objectives of the public procurement (preference and reservation) program. The thesis evaluates the legal and regulatory framework upon which Kenya’s public procurement is anchored. It analyses the constitution and various legal instruments in a bid to understand how, and to what extent, they seek to improve access to public procurement opportunities by women, persons with disability and the youth. The research also considers the preferential procurement systems of the United States of America and that of South Africa. It contrasts the eligibility criteria and the registration requirements under the preference programs in the selected jurisdictions with those obtaining in Kenya’s AGPO program. The thesis further discusses the various complexities in the AGPO eligibility and registration processes that have emerged in the course of conducting this research and explores possible solutions to the identified difficulties. Finally, the thesis offers a summary of the findings of the research and makes possible recommendations and suggestions for improvement.