In 2013, His Excellency the President Uhuru Kenyatta directed that the procurement rules be amended to allow 30 per cent of contracts to be given to the youth, women and persons with disability without competition from established firms.
The Public Procurement Directorate under the Ministry of Finance is in charge of the Access to Government Procurement Opportunities (AGPO) initiative which was launched at KICC on June 29th 2012. The Director of the Public Procurement Directorate – C. A. Otunga, has been tasked with spearheading this initiative to enable youth, women and people with disability access 30% of Government Tenders.
The aim of the AGPO Program is to facilitate the youth, women and persons with disability-owned enterprises to be able to participate in government procurement. This will be made possible through the implementation of the Presidential Directive that 30% of government procurement opportunities be set aside specifically for these enterprises. It is affirmative action aimed at empowering youth, women and persons with disability-owned enterprises by giving them more opportunities to do business with Government.
The Public Procurement and Disposal (Preference and Reservations) Regulations, 2011, shall apply to procurements by public entities when soliciting tenders from the following target groups:
- Disadvantaged Groups (Youth, Women, and Persons with Disability)
- Small Enterprises
- Micro Enterprises
- Citizen Contractors
- Local Contractors
- Citizen Contractors in Joint-venture or Sub-contracting arrangements with foreign suppliers.
According to the The Public Procurement and Disposal Preference and Reservations Amendment Regulations, 2013
- A procuring entity shall allocate at least thirty percent of its procurement spend for the purposes procuring goods, works and services from micro and small enterprises owned by youth, women and persons with disability.
- For the purpose of implementing paragraph (I), a procuring entity shall implement the requirement through its budgets, procurement plans, tender notices, contract awards and submit quarterly reports to the Authority.
Qualification for preference and reservations schemes
For the purpose of benefiting from preference and reservations schemes,an enterprise owned by youth, women or persons with disabilities shall be a legal entity that:
- Is registered with the relevant government body;
- and has at least seventy percent membership of youth, women or persons with disabilities and the leadership shall be one hundred percent youth,women and persons with disability, respectively