Public Procurement – Kenya

CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS

2.2 Kenya’s Experience with Business and Human Rights [Page 6]

Discoveries of oil and other natural resources present opportunities but also potential grounds for challenges to human rights such as those relating to sustainable land use, relations with local communities, and ensuring transparency and accountability in revenue streams, violation of local laws by foreign companies operating in the country. For example, the relationship between local communities and oil companies has raised a number of grievances on the part of the local communities revolving around community engagement, land use, environmental protection, employment, procurement and corporate social responsibility.

 

2.4 Revenue Transparency [page 10]

Despite […] efforts, the NAP consultations identified several challenges that affect revenue transparency:

i.    Corruption in the process of revenue collection and the management of public revenue. Stakeholders identified corruption in the business licensing process, the process of tax collection and public procurement attributed to both public and private sector actors

CHAPTER THREE: POLICY ACTIONS

3.1. Pillar 1: The State Duty to Protect

Policy Actions [page 18]

The Government will:

xi.         Strengthen leverage in using public procurement to promote human rights. This will involve the review of existing public procurement policies, laws and standards and their impacts with due regard to the state’s human rights obligations including women’s rights as part of the criteria;

 

CHAPTER FOUR: IMPLEMENTATION AND MONITORING

ANNEX 1: SUMMARY OF POLICY ACTIONS [Page 24]

Strategic Objective Policy Actions Key Actors
Strategic Objective 1: Enhance existing policy, legal, regulatory and administrative framework for ensuring respect of human rights by business through legal review and development of specific guidance for business Strengthen leverage in using public procurement to promote human rights. PPOA, KNCHR, OAG&DOJ