Senate Puts Sakaja on the Spot as Procurement Compliance Queries Rock Nairobi County

Nairobi City County Governor Johnson Sakaja faced intense scrutiny from the Senate Standing Committee on Finance and Budget on Thursday as lawmakers interrogated the county administration over procurement compliance concerns raised by the Public Procurement Regulatory Authority (PPRA).

The session, chaired by Mandera Senator Ali Roba, focused on allegations of non-compliance in the submission of procurement information to the Public Procurement Information Portal (PPIP), as well as concerns regarding modifications to standard tender documents across several financial years.

Appearing before the committee, Governor Sakaja attributed procurement reporting gaps during the 2022/2023 financial year to administrative transitions following his assumption of office. He told senators that the county had since completed the uploading of procurement plans, contract award records, and contract termination details to the PPIP system.

The governor further outlined measures undertaken to prevent future reporting lapses, including the recruitment of 25 professional supply chain officers, enhanced staff training, and the deployment of ICT infrastructure to strengthen procurement management and reporting.

Addressing claims that Nairobi County altered standard tender documents, Sakaja defended the changes as lawful adjustments permitted under Section 74 of the Public Procurement and Asset Disposal Act, 2015. He argued that the modifications were necessary to align procurement documents with the technical requirements and scope of specific county projects while preserving fairness, transparency, and competition.

The governor also distanced his administration from certain historical procurement matters, stating that contracts entered into under the defunct Nairobi Metropolitan Services (NMS) fall outside the jurisdiction of the current county government.

On pending bills and statutory capacity-building levies, county officials informed the committee that levies are deducted and remitted once payments to suppliers are made. They added that outstanding obligations to contractors and suppliers have been captured in a verified pending bills register and will be settled progressively as funds become available.

However, senators expressed dissatisfaction with some of the explanations presented by the county executive.

Kakamega Senator Boni Khalwale challenged the county's justification for altering tender documents, arguing that the explanation appeared contradictory and effectively confirmed that changes had indeed been made to standard procurement templates.

“This should worry you, Governor, on the quality of this answer,” Khalwale remarked during the session.

Nominated Senator Essy Okenyuri raised concerns over the lack of clear timelines for settling pending bills owed to suppliers. She noted that while the county had acknowledged the debts and committed to payment, it had failed to provide a definitive schedule for clearing the backlog.

Committee Vice Chairperson Senator Tabitha Mutinda commended the county for submitting detailed responses and supporting documents but reminded county officials of their obligation to comply fully with procurement regulations.

She emphasized that the concerns before the committee were largely preventive and aimed at ensuring proper governance rather than uncovering lost public funds.

Following extensive deliberations, the committee concluded that the volume and technical nature of the documentation presented required independent verification before any conclusions could be reached.

As a result, senators directed the PPRA technical team to review the county’s submissions and prepare a comprehensive validation report. The committee said it would reconvene with Nairobi City County officials once the review is complete to determine whether the concerns raised have been satisfactorily addressed.

Chairperson Ali Roba stated that the committee would rely on PPRA’s independent assessment of the records before making a final determination, underscoring the Senate’s commitment to accountability, transparency, and prudent management of public resources.

The developments place Nairobi City County under renewed scrutiny as lawmakers seek answers on procurement practices, compliance standards, and the long-standing issue of pending bills owed to suppliers.