Corruption in emergency procurement: an assessment of Kenya’s public procurement law effectiveness

Abstract

The core objective of this study is to assess the effectiveness of public procurement laws in preventing corruption in emergency procurement processes in Kenya. Public procurement is one of the major public sector economic activities in Kenya and, therefore, has great potential to impact the Kenyan economy. The Kenyan public procurement processes have been plagued with corruption over the years. The emergency public procurement processes are no exception; arguably, they present the most conducive conditions for corruption to thrive. This is because emergency procurement processes are characterized by non-competitiveness, and wider discretionary powers for the procuring entity and public officials, among other factors. The risk of corruption in emergency procurement processes is further exacerbated by the existence of loopholes in the current Kenyan legal and regulatory framework. The wide discretion of the procuring entities limits accountability and transparency thus increasing the risk of corruption in the emergency procurement processes. This study has been conducted through the doctrinal legal research methodology. The findings of this study contribute to the body of knowledge on public procurement processes in Kenya. The study further provides recommendations to policymakers and practitioners on how to strengthen the Kenyan legal and regulatory framework governing emergency public procurement processes to prevent corruption. This study is relevant, since it addresses corruption, which is one of the key challenges facing Kenya's public procurement system. Furthermore, the study contributes to the wider global discourse on anti-corruption efforts in public procurement.

Keywords: direct procurement, emergency procurement, corruption, integrity, accountability