Narok Senator Ledama Olekina has warned President William Ruto against imposing the electronic procurement (e-procurement) system on county governments.
In a statement on Monday, September 1, Ledama said counties are constitutionally semi-autonomous and the President's directive on transition to the e-procurement system is unconstitutional.
The ODM Senator argued that while the intent behind the directive may be well-meaning, enforcing it on counties exceeds the powers of the national government.
“With the utmost respect, Mr. President, William Ruto, county governments are constitutionally semi-autonomous. Article 219 clearly mandates that counties receive their equitable share of revenue without undue delay and without deduction.
“While the intent behind the e-procurement directive is understood, imposing it on counties exceeds the powers granted to the national government by the Constitution,” Ledama stated.
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The Narok Senator also said President Ruto’s directive on the e-procurement system risks court battles.
Further, Ledama said the Council of Governors (CoG) is right to defend county autonomy and call for mutual respect between the two levels of government and proper consultation in line with the law.
“This risks costly court battles that divert scarce county resources and delay development, and it crosses boundaries that the Constitution has clearly defined to safeguard devolution.
“The Council of Governors is right to firmly defend county autonomy and call for mutual respect and proper consultation in line with the law,” Ledama added.
Speaking on Sunday, August 31, in Siaya, President Ruto issued a stern warning to government officials resisting the transition to the e-procurement system.
“We are going to implement the e-procurement system; there is no going back. Any official who is not ready to work with us in e-procurement can also leave the government and look for other jobs,” said Ruto.
The Head of State noted that the old procurement system enabled corruption and inflated public spending in the country.
“There are a lot of people who have taken advantage of procurement, a product that costs Ksh2 is being bought by the government for Ksh10,” Ruto stated.
On August 28, Treasury CS John Mbadi said all state departments should fully adopt the new e-procurement system, warning that no procurement will proceed unless compliance is achieved.
"For clarity, no procurement can be done before the budget is uploaded into the system. By next week, all state departments must be in the system so that the procurement process can commence," he stated.