Court Blocks Ruto Government’s Push for Exclusive Use of eGP Procurement System
The High Court has dealt a blow to the government’s ambitious procurement digitization plan after suspending the directive that made the Electronic Government Procurement (eGP) system mandatory for all state offices and county governments.
On Monday, Justice Bahati Mwamuye issued conservatory orders stopping the implementation of a circular from the National Treasury and the Public Procurement Regulatory Authority (PPRA) that had forced public bodies to fully migrate to the new digital system, excluding manual tender submissions.
Instead, the court directed public procurement entities to adhere to Section 77(1) of the Public Procurement and Disposal Act which allows tender documents to be submitted either manually or electronically.
“Pending further directions, no procurement entity shall be forced to use only the eGP platform,” ruled Justice Mwamuye. “All submissions must comply with Section 77, both electronic and manual options.”
The National Treasury and PPRA were also ordered to treat manual and electronic submissions equally as long as they meet the statutory requirements. The conservatory orders will be in place until October 15, 2025 unless the court decides otherwise.
Counties and Officials Resist
The decision comes as counties and officials resist the government’s e-procurement drive. President William Ruto and Treasury Cabinet Secretary John Mbadi have accused counties and state officials of undermining reforms by secretly reverting to manual procurement processes.
Ruto while defending the system said some officers are behind the negative media coverage aimed at discrediting eGP through claims of inflated expenditure.
“I know there is resistance from e-procurement and accounting officers who do not want the system. That is why they are sponsoring headlines of how Mbadi spent billions in a non-working system,” the President said. “If you are unwilling to work with us, step aside and look for another job.”
But county governors have rejected the accusations, saying they are not opposed to reforms. In a press briefing on September 1, the Council of Governors faulted the Treasury for excluding counties in the eGP rollout despite their key role in procurement.
They also warned that unresolved issues in the existing Integrated Financial Management Information System (IFMIS) could resurface under eGP and undermine its effectiveness if not addressed.
With the court’s intervention, the standoff between the national government and counties over procurement reforms will continue, delaying the full implementation of the digital system.
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Court Blocks Ruto Government’s Push for Exclusive Use of eGP Procurement System