MPs summon Treasury CS Mbadi, PS Kiptoo and PPRA chief over e-procurement system implementation

National Treasury officials led by Cabinet Secretary John Mbadi during a press briefing on February 13, 2025. (Photo: National Treasury)

By Lucy Mumbi
Thursday, September 11, 2025

This follows the annulment of the mandatory use circular by Parliament and a recent High Court suspension.

Members of Parliament have summoned Treasury Cabinet Secretary John Mbadi, Principal Secretary Chris Kiptoo and the Public Procurement Regulatory Authority (PPRA) Director General to appear before them to explain the status of the electronic government procurement system (e-GPS).

This follows the annulment of the mandatory use circular by Parliament and a recent High Court suspension.

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The National Assembly’s Committee on Implementation of House Resolutions said it wants to establish whether the Treasury and PPRA are adhering to the House resolution that struck down the circular, which required all public contracts to be processed through e-GPS.

The summons follows the officials’ failure to attend an earlier meeting convened by the committee to review compliance with PPRA Circular No 04/2025. The circular, which mandated the use of e-GPS by all public procuring entities, was annulled by the National Assembly on August 18, 2025, for contravening Section 77 of the Public Procurement and Asset Disposal Act, Cap 412C, and several constitutional provisions.

The Treasury had issued the circular on July 23, 2025, directing that only contracts duly reported to PPRA would be approved for payment. Three days ago, the High Court suspended the mandatory use of e-GPS pending a petition by the Council of Governors and four other petitioners. Justice Bahati Mwamuye ruled that enforcement of the platform cannot proceed until the petition is determined.

Committee chairperson and Budalangi MP Raphael Wanjala said letters will be dispatched to ensure the officials attend the next session in person.

“We will write a letter requiring them to attend the next meeting in person and without fail. They have indicated that they are out of the country,” Wanjala said before adjourning the sitting.

“The first thing that this committee will do when the House resumes from recess is to table our report on the implementation status of the House resolution annulling the circular on e-GPS.”

The House had unanimously backed the Committee on Delegated Legislation’s findings to annul PPRA Circular No 04/2025 in its entirety.

“The circular requiring all public procuring entities to use e-GPS attempts to evade House approvals and, therefore, contravenes Section 77 of the Public Procurement and Asset Disposal Act,” Ainabkoi MP Samuel Chepkonga, chairperson of the committee reviewing the contravention, said.

The committee further noted that the circular violated Articles 2(1)&(2), 10, 27(2), 94(5), and 227 of the Constitution, which cover the supremacy of the Constitution, national values and principles of governance, public participation, transparency, accountability, equality and the lawful process for contracting goods or services.

“The Circular is in contravention of sections 9 and 77 of the Public Procurement and Asset Disposal Act, Cap 412C, relating to the function of the Authority, which do not extend to creating binding obligations and the recognition that tender submissions may be made in either manual or electronic form,” the committee said.

“It also contravenes sections 2, 6, 11, 13, 22 and 24 of the Statutory Instruments Act, Cap 2A, relating to interpretation of a statutory instrument, submission of a regulatory impact statement on each statutory instrument, requirement for publication and tabling of a statutory instrument before Parliament, and exercise of powers in making statutory instruments.”

Mbadi launched the e-GPS system on April 7, 2025, as part of government efforts to enhance efficiency, accountability and value for public funds.

The system was intended to promote fair, transparent, competitive, and cost-effective procurement, following directives from President William Ruto during the November 21, 2024, State of the Nation Address.