Kenya Institute of Supplies Management

Panel 5 : Conversation on Navigating the Appeal Maze:
Empowering County Assemblies to Leverage ARB Decisions and Prevent Malicious Procurement Litigation

Procurement appeals can stall projects, drain resources, and undermine public trust—but they also offer a powerful opportunity for accountability when handled strategically.
When County Assemblies master the appeal maze, they turn procurement governance into a catalyst for transparency, efficiency, and citizen confidence.

Hon. Seth Mwatela – Chairperson County Assemblies Forum (CAF)
“ARB decisions are not just rulings—they’re strategic tools. When County Assemblies systematically apply these precedents, we stop replaying the same legal arguments and start building a consistent, defensible procurement oversight framework that malicious litigants can’t easily exploit.”

“Malicious procurement litigation is a tax on public service. By equipping County Assemblies with clear criteria to distinguish genuine grievances from tactical delays, and by anchoring our responses in ARB authority, we shield projects from unnecessary stoppages and protect county budgets from wasteful legal costs.”

Fredrick Odilo – Speaker County Assembly of Busia
“The appeal maze only becomes a trap when we navigate it reactively. Once County Assemblies proactively leverage ARB decisions, standardize appeal responses, and embed preventive controls in our procurement processes, we turn litigation risk into a signal of stronger governance—and keep projects moving for the people.”



The Session was moderated by CM Purity Kanini

Day 4.

Conversations on Digital Procurement Transformation: e-GP systems are reshaping public procurement across counties by boosting transparency, strengthening accountability, and improving compliance.

From streamlined tendering and real-time audit trails to reduced opportunities for corruption and faster supplier engagement, county governments are leveraging e‑procurement to deliver better value for citizens.

Mr. Kanyinyi - eGP Project Lead - The National Treasury
“e-GP is not just a digital tool; it’s a governance commitment. By moving our county procurement online, we’ve cut tender processing time by nearly 40%, created an auditable trail for every transaction, and given citizens real visibility into how public money is spent. Transparency is no longer an aspiration—it’s built into the system.”

Mr. Kirungu - GM Technical Services - Public Procurement Regulatory Authority - PPRA
“Digital procurement transforms compliance from a paperwork exercise into a real-time safeguard. With e-GP, automated rule checks flag non-compliant bids before evaluation, standards are applied consistently across all departments, and audit findings drop significantly. Accountability is strengthened because every decision is timestamped, attributed, and traceable.”

Slyvia Auma - Head of Procurement -
“The real power of e-GP lies in how it connects data, people, and processes. Our county now uses integrated dashboards to monitor procurement performance, detect anomalies early, and share open data with suppliers and the public. When technology is aligned with strong policy and capacity building, digital procurement becomes the engine of trust in public service delivery.”

The session was moderated by CM Kennedy Ariembi.

Highlights of Day 3

Conversations on Ethics, Integrity and Corruption in Procurement - County Government Perspectives with Vincent Okong'o, MBS, ndc(K) FKSK- Director EACC

Professionals were encouraged to adopt a risk based approach to avert the likelihood of corruption within the systems, offer mentorship and coaching for upcoming practitioners, advocate for policy and legal reforms and be champions for the eGP system to enhance transparency in the procurement process.

The Session was moderated by CM Purity Kanini

Panel 4: Public money does not automatically translate into public results because budgeting, procurement, implementation, and oversight often fail to move in step. In Kenya’s county context, fiscal stress, mismatched ceilings, delayed disbursements, and weak procurement controls can all reduce value for money and slow service delivery.

FCPA Dr. Nyakang'o stated that “Public money fails to deliver results when we treat budgets as promises rather than capacity-based plans. If county procurement budgets are not aligned to realistic revenue forecasts, we create commitments that the exchequer cannot sustain, and the result is stalled projects, unpaid suppliers, and weak service delivery.”

CPA Mary Wanyonyi, CBS underscored that “The core problem is not only how much money is allocated, but whether the allocation reflects actual revenue performance. County procurement plans must be synchronized with real collections and equitable-share flows, otherwise procurement becomes aspirational instead of operational.”

CPA Roble Nuno emphasized that “We need ceilings that are respected, not ceilings that are negotiated away. When recurrent expenditure limits are bypassed or inflated through non-essential items, counties lose fiscal discipline and crowd out funds that should support frontline services and development priorities.”

“Enforcing ceilings is not anti-development; it is pro-delivery. It ensures that counties prioritize essential services, reduce waste, and protect procurement from becoming a source of fiscal pressure rather than a tool for transformation.”

The session was moderated by CM Priscilla Musyoka

CPA Mary Wanyonyi Chebukati, CBS - Chairperson, Commission on Revenue Allocation (CRA)

She emphasized on the need for counties to partner with the Commission on Revenue Allocation (CRA) to Synchronize their Procurement Budgets with Actual Revenue Realities and Enforce Fiscal Ceilings.

She also noted that procurement should be as per the approved plan and budgets and there should be value for money in all procurement of goods and services

FCPA Dr. Margaret N. Nyakang’o, CBS - The Controller of Budget unpacked the topic: Why Public Money Does Not Always Deliver Results”

In her opening remarks, Dr. Nyakang'o highlighted that professionalizing procurement is central to sustainable development. "Strong supply chain systems improve service delivery and build public trust. Counties play a critical role in translating budgets into measurable results."

She stated that public money delivers results when planning, procurement, implementation, monitoring and accountability work together. "Every shilling should create measurable value for citizens
and that the true measure of public finance is not how much money is spent, but how much value is created for citizens."

She challenged the professionals to move from spending public money to delivering public value.

Day 3: Keynote Address by Sen. Aaron Cheruiyot CBS, MP Majority Leader of The Senate

Senator underscored that audit reports repeatedly highlight systemic weaknesses across county governments — from missing financial records and weak procurement practices to stalled projects, ineffective internal controls, and growing pending bills.

He noted that the recurring findings point not to gaps in law but to failures in implementation, oversight and accountability. To address this, the Senate is not only sharpening oversight through the County Public Accounts Committees and sectoral follow-ups, but also supporting procurement professionals by providing targeted capacity-building workshops and certifications, facilitating peer‑learning exchanges across counties, issuing clearer guidance and model procurement plans, encouraging adoption of e‑procurement systems for transparency, and collaborating with regulatory bodies to fast-track disciplinary and advisory measures.

He emphasized that Accounting Officers must prioritise robust record-keeping, timely financial reporting, procurement discipline, strong contract oversight, and functional risk and internal audit systems.

He stated that persistent non‑compliance should attract consequences so accountability has real meaning. Let us move from explanations to sustained action so public resources are protected and projects deliver value to citizens.

He challenged the professionals with this quote: "Accountability is built through systems and skills — the Senate will continue to strengthen oversight while equipping procurement professionals with training, guidance and tools to deliver transparent, value‑for‑money public procurement."

The Session was co-chaired by CPSP Jeniffer Cirindi - KISM Chairperson and CM Fidel Muema - Chairperson of Registration Committee

And the gifting was great.

We are present at the County Congress!