The Constitution of Kenya, 2010

Chapter Twelve · Public Finance

Article 227

Art.227

Procurement of public goods and services

(1)When a State organ or any other public entity contracts for goods or services, it shall do so in accordance with a system that is fair, equitable, transparent, competitive and cost-effective.

(2)An Act of Parliament shall prescribe a framework within which policies relating to procurement and asset disposal shall be implemented and may provide for all or any of the following—

(a)categories of preference in the allocation of contracts;

(b)the protection or advancement of persons, categories of persons or groups previously disadvantaged by unfair competition or discrimination;

(c)sanctions against contractors that have not performed according to professionally regulated procedures, contractual agreements or legislation; and

(d)sanctions against persons who have defaulted on their tax obligations, or have been guilty of corrupt practices or serious violations of fair employment laws and practices.

Read it in Chapter Twelve →

Text: Laws of Kenya: The Constitution of Kenya, 2010. Published by the National Council for Law Reporting (Kenya Law) with the Authority of the Attorney-General.

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