Navigating the New Public Procurement Regulations in Kenya

At a glance

The legal framework

Public procurement is anchored in Article 227 of the Constitution, which requires a system that is fair, equitable, transparent, competitive and cost-effective. The Public Procurement and Asset Disposal Act 2015 gives that principle effect, and the Public Procurement and Asset Disposal Regulations 2020 (Legal Notice 69 of 2020) supply the detail. The Public Procurement Regulatory Authority (PPRA), established under section 8 of the Act, regulates and oversees the system, monitors compliance and maintains the public procurement information portal; the Public Procurement Administrative Review Board (PPARB) hears tender disputes; and the National Treasury sets policy. The Act also carries real enforcement teeth — debarment of errant suppliers under section 41, and offences and penalties for breaches of the procurement rules.

Two structural features matter for what follows. The Act builds in preferences and reservations under section 157 and the AGPO programme, reserving 30% of procurement for enterprises owned by youth, women and persons with disabilities. And it prescribes the methods of procurement — open tender as the default, with restricted tender, request for proposals, framework agreements and direct procurement available only in defined circumstances. The reform now under way keeps all of this but rebuilds the machinery around it.

What changed: the mandatory e-GP system

The shift began with a presidential directive in the State of the Nation Address on 21 November 2024. The National Treasury launched Phase I of the e-GP system on 7 April 2025 and, through Treasury Circular NT/PPD 1/3/14 Vol. VI dated 26 March 2025, set 1 July 2025 as the date from which all procurement must run exclusively through the platform. The PPRA reinforced this in Circular 02/2025, integrating the public procurement information portal with the e-GP system so compliance reporting is generated automatically rather than uploaded by hand.

The migration was deliberately forced. The PPRA paused the opening of new tenders for the 2025/2026 financial year in the run-up to the deadline, and signalled that, under section 52 of the Act, the procuring responsibility of entities not registered on the system by 30 June 2025 could be transferred to compliant entities. A separate reform — the Public Procurement and Asset Disposal (Amendment) Bill (National Assembly Bills No. 48 of 2024) — proposes further changes to the Act, but it remains a Bill, not law, and its provisions are not yet in force.

What the e-GP system actually covers

The platform is an end-to-end system, not a single online form. It runs the full cycle: registration of suppliers and procuring entities; publication of procurement plans; advertisement of tenders; issue of documents and clarifications; electronic bid submission; evaluation; award and contract management; and automated reporting to the PPRA. The integration is the part that catches businesses out: because the system connects to iTax, the Business Registration Service and the Integrated Population Registration System, it verifies a bidder’s tax compliance, corporate standing and directors’ identities automatically. A single mismatch — an expired tax compliance certificate, directors never updated at the registry, a lapsed AGPO certificate — can fail a bid at the automated stage before any human evaluates it.

What it means in practice

For suppliers and contractors. Registration is the gateway to public work; an unregistered business cannot receive or respond to a tender. Submission deadlines are enforced by the system, which closes automatically, so the old grace for a late courier is gone. Every step is logged, which protects an honest bidder and exposes a careless one. Eligible enterprises should keep their AGPO and tax records current so the automated checks pass cleanly.

For procuring entities. Staff must be trained, procurement plans migrated onto the platform, and evaluations documented carefully. The digital audit trail cuts both ways: it improves transparency, but it also makes evaluation defects visible. In our view, that visibility may increase, not reduce, applications to the Review Board, because aggrieved bidders now have a far clearer record to point to. Integrity rules — conflict-of-interest declarations and the prohibition on fragmenting procurement to avoid thresholds — apply with the same force online as off.

Challenging a procurement: administrative review

The reform has not changed a bidder’s right of challenge. A candidate who believes a tender has been handled unlawfully may apply to the Public Procurement Administrative Review Board within the short statutory window set by section 167 of the Act, and from there to the High Court and beyond. What has changed is the quality of the evidence: a complete digital record makes it easier for both sides to prove what actually happened at each stage of the evaluation. Where a deadline is missed because of a genuine platform failure — downtime, a portal error — keep the evidence, because it may matter in any later review.

What you should do now

• Register without delay on egpkenya.go.ke as a supplier, contractor or consultant.
• Reconcile your records so the integrated iTax, BRS and AGPO checks pass cleanly, and renew expiring certificates before they block a bid.
• Train your bid team on electronic submission and treat the portal deadline as final.
• Procuring entities: confirm registration, publish plans on the platform, apply the correct procurement method, and document every evaluation step.
• Keep the trail. The digital record is your first line of defence in a review.

Frequently asked questions

When did the e-GP system become mandatory in Kenya?

From 1 July 2025, all national and county procuring entities must conduct procurement exclusively through the e-GP portal, following the National Treasury roll-out launched on 7 April 2025.

Do suppliers have to register on the e-GP portal?

Yes. Suppliers, contractors and consultants must self-register at egpkenya.go.ke; registration is a condition of receiving or responding to government tenders.

Which law governs public procurement in Kenya?

The Public Procurement and Asset Disposal Act 2015 and the 2020 Regulations, anchored in Article 227 of the Constitution and overseen by the Public Procurement Regulatory Authority.

What happens if my company records do not match across systems?

Because the portal verifies against iTax, the BRS and the identity register, a mismatch such as an expired tax compliance certificate or outdated directors can fail a bid at the automated stage before evaluation.

Can I still challenge a tender award under the e-GP system?

Yes. A bidder may apply to the Public Procurement Administrative Review Board within the statutory window under section 167 of the Act, and the digital record makes the evidence clearer for both sides.

Disclaimer: This article has been prepared for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute a lawyer-client relationship. Nothing in this article is intended to guarantee, warranty, or predict the outcome of a particular case and should not be construed as such a guarantee, warranty, or prediction. The authors are not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information. Readers should take specific advice from a qualified professional when dealing with specific situations.