Law & Regulation
Public Procurement and Asset Disposal Act, 2015
PPADA is the principal statutory framework for procurement and asset disposal by Kenyan public entities. It governs planning, procurement methods, solicitation, evaluation, award, contracting, review and oversight, subject to the Constitution and applicable specialised regimes.
Legal Significance
What This Instrument Does
It translates public-procurement principles into institutional duties and procedures. It defines procuring entities and responsible officers, requires planning and budgeting, regulates selection methods and tender processes, addresses contract administration and establishes administrative review and enforcement mechanisms.
Why It Matters
Most publicly procured infrastructure depends on a defensible procurement path. Errors in method selection, specifications, evaluation, standstill, award or variation can delay a project and expose it to challenge. PPP procurement has a specialised statute, but ordinary public works, supplies and services remain centrally governed here.
Key Provisions
- Institutional oversight
Establishes regulatory, accounting and review functions for procurement integrity.
- Procurement planning and budgeting
Links procurement to approved need and available public resources.
- Choice of procurement method
Controls when open tendering or an alternative method may lawfully be used.
- Specifications and tender documents
Requires the requirement and evaluation basis to be defined before bids are compared.
- Eligibility and exclusions
Determines who may participate and when disqualification or debarment rules apply.
- Tender submission and opening
Protects procedural integrity and an auditable competition record.
- Evaluation and clarification
Constrains evaluators to disclosed criteria and regulates bidder communications.
- Notification and standstill
Informs participants of the outcome and preserves an opportunity for challenge where applicable.
- Contract award and formation
Distinguishes evaluation outcome, notification and legally effective contract steps.
- Administrative review
Gives aggrieved candidates a specialised challenge route subject to standing and strict time requirements.
- Contract management and variation
Governs post-award administration and limits changes that distort the competed bargain.
- Preference and reservation measures
Implements authorised policy objectives within the statutory procurement framework.
- Asset disposal
Regulates disposal of public assets through accountable procedures.
- Offences, conflicts and integrity
Addresses corruption, collusion, improper influence and officer accountability.
When You Would Use This
Selecting a procurement route
Drafting or reviewing tender documents
Advising bidders
Evaluating bids
Testing an award
Preparing a review application
Managing a public contract
Assessing whether a variation exceeds lawful boundaries
InfraLex Relevance
Primary for Public Procurement. It interfaces with the PPP Act and sector legislation, but specialised PPP procurement remains governed through its own framework. InfraLex should distinguish material infrastructure procurement from routine purchasing.
Legal Framework Position
- Public ProcurementPrimary / Framework Instrument
Related / Implementing Instruments
Instrument Overview
- Official Citation
- Act No. 33 of 2015
- Instrument Type
- Law / Act
- Source Language
- English
- Last Verified
- 6 September 2026