The Senate Standing Committee on Finance and Budget has directed the Public Procurement Regulatory Authority (PPRA) to conduct an independent review of procurement records submitted by Nairobi City County after Governor Johnson Sakaja appeared before lawmakers to respond to compliance concerns.
The session, chaired by Mandera Senator Ali Roba, focused on allegations of non-compliance with procurement reporting requirements, including the failure to upload statutory procurement data to the Public Procurement Information Portal (PPIP) and claims of alterations to standard tender documents.
Appearing before the committee, Governor Sakaja attributed procurement reporting gaps in the 2022/23 financial year to administrative transitions following the change of county leadership.
“The reporting challenges were largely caused by institutional transitions after we assumed office. We have since finalized and uploaded consolidated procurement plans, contract awards and termination records to the PPIP portal,” Sakaja told senators.
The governor further said the county had taken measures to strengthen compliance by recruiting additional procurement professionals and investing in technology.
“To address persistent reporting delays, we have recruited 25 professional supply chain management officers, conducted staff training and deployed the necessary ICT infrastructure,” he said.
Responding to concerns over alleged alterations of standard tender documents, Sakaja maintained that any modifications were lawful and aimed at meeting project-specific requirements.
“The adjustments made were permitted under Section 74 of the Public Procurement and Asset Disposal Act, 2015, and were intended to align the documents with the technical scope and requirements of particular projects without affecting fairness or competition,” he explained.
The governor also distanced his administration from some historical procurement concerns, arguing that they related to contracts undertaken during the tenure of the defunct Nairobi Metropolitan Services (NMS).
However, senators subjected the county chief to intense scrutiny, demanding greater transparency and accountability.
Kakamega Senator Boni Khalwale questioned the county’s explanation regarding the modification of standard tender documents, saying the response appeared contradictory.
“You are confirming that, yes, you made those alterations. That should worry you, Governor, on the quality of this answer,” Khalwale said.
The committee also raised concerns over the county’s pending bills and delays in settling supplier obligations.
Nominated Senator Essy Okenyuri criticized the lack of specific timelines for clearing outstanding debts owed to contractors and service providers.
“Most of the responses acknowledge the obligation to prioritize settlement upon availability of funds, but there is no commitment on when that will happen,” Okenyuri observed.
Committee Vice Chairperson Tabitha Mutinda commended the county for submitting detailed responses but reminded officials of their responsibility to comply with procurement regulations.
“No money has been lost as far as these concerns are concerned. It is not an audit issue of where the money went. It is a matter of why your team is not doing what it is supposed to do,” Mutinda stated.
Due to the volume and technical nature of the documents presented, the committee ruled that it could not immediately verify the information provided.
As a result, lawmakers directed the PPRA technical team to analyze the county’s submissions and provide a detailed validation report.
“Considering every piece of data shared is in your system, it is only fair that we give you time to review it and report back on whether the concerns raised have been satisfactorily addressed,” Chairperson Ali Roba directed.
The committee said it will reconvene with Nairobi County officials once the PPRA review is complete to make a final determination on the procurement compliance issues and outstanding concerns raised by lawmakers.
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