The Senate Finance and Budget Committee has directed an independent examination of Nairobi County’s procurement records after Governor Johnson Sakaja faced close scrutiny over compliance gaps identified by the Public Procurement Regulatory Authority (PPRA).
During a meeting at Parliament Buildings on Thursday, the committee questioned the Nairobi City County Executive over the failure to upload required procurement information to the Public Procurement Information Portal (PPIP) and alleged changes to standard tender documents across several financial years.
Appearing before the committee chaired by Mandera Senator Ali Roba, Governor Sakaja said the reporting gaps in the 2022/2023 financial year resulted from institutional transitions after his administration took office.
He told senators the county had since uploaded consolidated procurement plans, contract awards and records of terminated contracts to the PPIP portal.
Sakaja added that the county had recruited 25 professional supply chain officers, carried out staff sensitisation programmes and installed ICT infrastructure to reduce persistent reporting delays.
On claims that the county altered standard tender documents, the governor maintained that the changes were lawful customisations allowed under Section 74 of the Public Procurement and Asset Disposal Act, 2015, and were needed to meet the technical demands of specific county projects without affecting fairness and competition.
He also said historical concerns over certain contracts fell under the jurisdiction of the defunct Nairobi Metropolitan Services (NMS), distancing the current administration from responsibility.
The Executive told the committee that statutory capacity-building levies are deducted and remitted when suppliers are paid, while pending bills remain listed in the county’s verified registry for phased settlement.
However, lawmakers subjected the explanations to sharp scrutiny, demanding clearer timelines and greater transparency.
Kakamega Senator Boni Khalwale challenged the governor’s defence on tender modifications, saying the county’s response was inconsistent.
“That in itself is a contradiction. You are therefore confirming that, yes, you made those alterations. That should worry you, Governor, on the quality of this answer,” Khalwale said.
Nominated Senator Essy Okenyuri questioned the lack of firm timelines for settling pending bills, noting that the Executive had only committed to payment depending on the availability of funds.
Committee Vice-Chairperson Senator Tabitha Mutinda acknowledged the detailed submissions made by the county but reminded officials that compliance with procurement regulations was mandatory.
“No money has been lost as far as these concerns have been raised. It’s not really an audit issue of where is this amount, where has it been taken to. It’s a matter of why your team, Governor, is not doing what they’re supposed to do,” she said.
Citing the volume and technical nature of the documents presented, the committee said immediate verification was not possible and directed the PPRA technical team to review the county’s submissions and submit a validation report within a specified timeframe.
“Considering every data that is being shared is in your system, and the system is not in the purview of the committee right now, it’s only fair that we are able to give you some time to go and go through it and get back to us as to whether the concerns you shared have been satisfactorily addressed or not,” Roba said.
The committee said it would reconvene with the Nairobi City County Executive once the PPRA’s review is complete to make a final determination on the matter.