The National Assembly has called on Treasury Cabinet Secretary John Mbadi, Principal Secretary Chris Kiptoo, and the Public Procurement Regulatory Authority (PPRA) Director General to appear before a committee to clarify the status of the government’s electronic procurement system (e-GPS).
The move comes after Parliament annulled a circular mandating the exclusive use of the platform and a High Court temporarily suspended its enforcement.
The National Assembly’s Committee on Implementation of House Resolutions said it wants to determine whether the Treasury and PPRA are following the House directive that struck down the circular requiring all public contracts to be processed through e-GPS.
The summons follows the officials’ absence at an earlier meeting convened to review compliance with PPRA Circular No 04/2025.
The circular, issued by Treasury on July 23, 2025, instructed that only contracts reported to PPRA would be cleared for payment.
Parliament annulled it on August 18, 2025, citing violations of Section 77 of the Public Procurement and Asset Disposal Act, Cap 412C, and multiple constitutional provisions.
Three days ago, the High Court suspended mandatory e-GPS use pending a petition filed by the Council of Governors and four other petitioners. Justice Bahati Mwamuye ruled that enforcement cannot continue until the petition is resolved.
Committee chairperson and Budalangi MP Raphael Wanjala said letters will be sent to ensure the officials appear in person at the next sitting.
“We will write a letter requiring them to attend the next meeting in person and without fail. They have indicated that they are out of the country,” Wanjala said before adjourning the session.
“The first thing that this committee will do when the House resumes from recess is to table our report on the implementation status of the House resolution annulling the circular on e-GPS.”
The House had unanimously supported the Committee on Delegated Legislation’s decision to annul PPRA Circular No 04/2025 entirely.
Ainabkoi MP Samuel Chepkonga, who chairs the committee reviewing the contravention, said, “The circular requiring all public procuring entities to use e-GPS attempts to evade House approvals and, therefore, contravenes Section 77 of the Public Procurement and Asset Disposal Act.”
The committee further observed that the circular breached Articles 2(1)&(2), 10, 27(2), 94(5), and 227 of the Constitution, which cover the supremacy of the Constitution, national values and principles of governance, public participation, transparency, accountability, equality, and lawful procurement processes.
“The Circular is in contravention of sections 9 and 77 of the Public Procurement and Asset Disposal Act, Cap 412C, relating to the function of the Authority, which do not extend to creating binding obligations and the recognition that tender submissions may be made in either manual or electronic form,” the committee added.
It also found that the circular violated sections 2, 6, 11, 13, 22, and 24 of the Statutory Instruments Act, Cap 2A, which relate to the interpretation, publication, and tabling of statutory instruments, and the requirement for regulatory impact statements before enactment.
Mbadi launched e-GPS on April 7, 2025, to improve efficiency, accountability, and value for public funds.
The system was designed to ensure fair, transparent, competitive, and cost-effective procurement following directives from President William Ruto during the November 21, 2024, State of the Nation Address.
The now-annulled circular had required that only procurements processed through e-GPS be approved and paid.
