Governors to Move to Court Over CS Mbadi’s Directive

The Council of Governors (CoG) has announced plans to challenge in court a directive by Treasury Cabinet Secretary John Mbadi requiring counties to adopt the Electronic Government Procurement (e-GP) system.

Speaking in an interview on Tuesday, September 2, CoG Chair and Wajir Governor Ahmed Abdullahi said the directive has crippled service delivery in the counties.

"As CoG we are moving to court because we have asked Treasury Cabinet Secretary John Mbadi to withdraw the circular and it hasn’t been withdrawn. We are frozen; we can’t procure. The e-procurement system was hurried and has disrupted service delivery," he said.

Abdullahi said the directive contradicts existing procurement laws which allow counties to use either manual or automated systems.

"The current law allows both electronic or automated procurement and manual. If you are going to remove the option of the manual system, why not change the regulations of the Public Procurement Act or amend the law so that it’s aligned legally? But more importantly, let it work," he added.

Abdullahi further argued that the e-procurement platform has proven ineffective, citing counties where it was piloted.

"The system was piloted in 3 counties, Elgeyo Marakwet, Busia, and Makueni, and it’s not working in any of the 3 counties. Before we knew it, we were told that everyone should be on it. The training was also not adequate," he further said.

The declaration comes two days after COG has called for the immediate withdrawal of the e-procurement, citing implementation challenges that threaten service delivery across counties.

In a statement on Monday, September 1, the governors raised serious concerns about the system's rollout, arguing that it undermines county governments' constitutional mandate and lacks a proper legal foundation.

“The e-GP system, as currently implemented, undermines the distinct status of County Governments as provided in the Constitution," the CoG said in their statement. 

The governors argue that the system violates principles of devolved governance, stating that adequate consultation and stakeholder involvement were not conducted before the system's introduction.

"We therefore call on the National Treasury to immediately withdraw the Circular directing Counties to implement this e-GP until proper consultation, legal alignment, and capacity-building are undertaken," the statement added.

According to the COG statement, the rushed implementation has created significant operational difficulties.

"Only three Counties participated in the pilot, yet the system was enforced nationally before addressing the initial findings identified,” COG added. “Inadequate sensitization and training have paralyzed procurement processes," the statement further read.