Governors Threaten Legal Action Against Treasury Over Electronic Procurement System

Wait 5 sec.

NAIROBI, Kenya, Aug 24 – Governors have vowed not to revert to the recently introduced electronic government procurement system (e-GPS), threatening legal action against the National Treasury for allegedly forcing counties to adopt the platform.Through the Council of Governors (CoG), county chiefs accused Treasury Cabinet Secretary John Mbadi of disregarding a recent National Assembly decision annulling the mandatory use of e-GPS by all public procuring entities effective July 1, 2025.The governors argue that the rollout of the system has been haphazard, causing confusion and paralysing service delivery in counties.Last week, the National Assembly overturned Mbadi’s circular that had made e-GPS compulsory for ministries, state corporations, and county governments. MPs sitting on the Finance and National Planning Committee questioned the system’s readiness, citing concerns over accessibility, transparency, and infrastructure gaps.The Treasury had launched the e-GP system in July 2024, saying it would automate and streamline procurement, enhance accountability, and save the country up to Sh50 billion annually by curbing graft and inefficiencies. But lawmakers argued that small and medium enterprises (SMEs) and rural businesses risked exclusion due to poor internet access and lack of capacity. They also faulted Treasury for insufficient consultations and training before the rollout.Despite the parliamentary annulment, Mbadi dismissed the MPs’ decision, insisting only a Cabinet resolution could revoke his directive. Speaking at the Development Partnership Forum last Thursday, the CS warned that government officers had no excuse to revert to manual procurement.“Parliament has not revoked anything. If any government officer is going to use that as an excuse, I will not accept it,” Mbadi said, adding that the circular was legally binding like other Treasury reforms such as zero-based budgeting and the Treasury Single Account.Governors, however, maintain that Mbadi is contravening the law by ignoring the annulment. In a protest letter dated August 23, CoG chairperson Ahmed Abdullahi said the directive lacks legal basis and undermines county distinctiveness.“With the annulment of the circular, it is expected that all procuring entities will revert to the previous procurement frameworks provided for in existing laws,” Abdullahi wrote.“In this regard, the council asks the National Treasury to lift any administrative blocks related to e-GP. Failure to do so will compel us to seek legal redress as this borders on provision of services across all counties.”