The public procurement watchdog is seeking the Senate’s intervention to rein in six counties that have ignored calls to address procurement malpractices in contracts valued at billions of shillings.
The regulator has written to Senate Speaker Amason Kingi, complaining that the counties have failed to follow procurement laws and could have lost cash, failed to pay suppliers, and are hiding procurement documents to escape accountability.
Public Procurement Regulatory Authority (PPRA) Director-General Patrick Wanjuki wrote to Mr Kingi last month requesting the Senate’s intervention. He listed Nairobi, Marsabit, Migori, Wajir, Mandera and Isiolo, among the worst offenders.
‘The authority has made repeated attempts to obtain the requisite information and documentation through formal engagement letters and reminder letters. Regrettably, the County Government of Nairobi has failed to submit the required procurement records/information to the authority, therefore, denying it access to records/information,’ Mr Wanjuki said in a January 22, 2026, letter.
Similar letters to the other five counties were sent to Mr Kingi, flagging several tenders issued between 2024 and last year, where the counties messed up procurement processes.
The PPRA blames the counties for refusing to upload documents on the Public Procurement Information Portal (PPIP) as required, including tender advertisements and documents, and contract awards.
The law mandates PPRA to assess contracts awarded by all public entities to confirm their compliance with legal requirements and ensure they do not lead to loss of public money.
‘This has hindered execution of the authority’s mandate as stipulated under Section 9 of the Act of monitoring the public procurement system; report on its overall functioning, and recommend areas of improvement,’ Mr Wanjuki said.
He said the lack of access to counties’ procurement information has hindered the PPRAS from preparing reports for submission to the National Treasury, Cabinet Secretary and Parliament, to inform them whether their procurement activities comply with the law.
Sources familiar with the PPRA investigations into the counties said the regulator is pursuing details on possible loss of public money in flawed contracts, while probing further queries raised in audits.
The watchdog now says it is naming the six counties in its ‘list of shame’ and is asking the Senate to recommend ‘administrative measures to address persistent non-compliance to strengthen governance and accountability’.
‘The Authority therefore seeks the intervention of the Senate pursuant to Section 9(1) (n) of the Act to take necessary measures as may be necessary to ensure that (the counties) comply fully with their legal obligations and cooperate with regulatory processes,’ Mr Wanjuki said.
The Public Procurement and Asset Disposal Act, 2015 empowers the PPRA to monitor procurement systems across the public service and investigate complaints received on procurements, or where it suspects there have been breaches.
The law also empowers the PPRA Director-General to terminate procurement proceedings or transfer procuring responsibilities of a non-compliant procuring entity to another, where there have been legal breaches.
Among tenders the PPRA previously flagged in Nairobi County was one on the provision of comprehensive medical cover to county workers in July 2024, faulting a number of skewed clauses in the tendering process that unfairly affected some of the bidders.
The Authority had written to Nairobi County’s acting County Secretary and Head of Public Service Patrick Analo on July 18, 2024, flagging issues including a requirement that bidders provide a list of five medical clients they had dealt with, with premiums of at least Sh100 million.
‘The requirement of Sh100 Million annual premiums per each of the five medical clients is unnecessarily high and should be reviewed to an average of Sh100 million for a maximum of three medical clients to promote competition amongst the industry players,’ Mr Wanjuki said in the letter.
In a June 18, 2025 letter to Migori’s County Executive Committee (CEC) Member for Finance, Maurice Otunga, the regulator also flagged three tenders valued Sh60 million, while faulting the county for failing to upload procurement documents on the public portal.
The flagged tenders were on the construction of a medical surgical complex, a health products warehouse and a physiotherapy unit at the Migori County Referral Hospital.
The county is accused of failing to upload documents relating to the three tenders on the public portal, unfairly disqualifying one of the companies that bid, and a lack of quorum in the committee that opened bids.
‘The Authority will not hesitate to request other investigative agencies to further investigate you as the Accounting Officer, the HOP (head of procurement), and other senior officials of your entity pursuant to Section 45 (2) (b) of the Anti-Corruption and Economic Crimes Act (ACECA) on willful failure to adhere to procurement laws should you continue to disregard the directives of the Authority,’ Mr Wanjuki warned.
The procurement watchdog further flagged Wajir County for delayed payments to suppliers, writing to the County Secretary in September last year.