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Procurement

Commencement Of The Public Procurement And Asset Disposal Regulations, 2020 – Government, Public Sector


Kenya:

Commencement Of The Public Procurement And Asset Disposal Regulations, 2020


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The Cabinet Secretary to the National Treasury issued a gazette
notice on 24 July 2020 confirming 2 July 2020 as the commencement
date of the Public Procurement and Asset Disposal Regulations, 2020
(the Regulations).

The Regulations, which were first published on 22 April 2020,
repeal the Public Procurement and Disposal Regulations, 2006 (the
2006 Repealed Regulations) and the Public
Procurement and Disposal (Preference and Reservations) Regulations,
2011 which had been enacted under the Public Procurement and
Disposal Act, 2005 (now repealed). The 2006 Repealed Regulations
and the 2011 Preference Regulations have been in use even after the
enactment of the new Public Procurement and Asset Disposal Act in
2015 (the 2015 PPADA).

The confirmation of the Regulations commencement date is a
welcome clarification to procuring entities and suppliers with
respect to the effective date of the new Regulations, a question
that has been the subject of confusion among procurement parties as
well as dispute before the Public Procurement Administrative Review
Board.

The new Regulations are intended to facilitate the
implementation of the provisions of the 2015 PPADA and to provide
further guidance in relation to various aspects of the procurement
and asset disposal process under the 2015 PPADA.

We have prepared an overview of the key changes to public
procurement practices introduced by the new Regulations which
procuring entities and suppliers should take note of. We have also
highlighted the potential impact of the new Regulations on private
businesses involved in supplying goods or services to public
entities and lenders and investors in such private businesses.

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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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