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FACTORS AFFECTING COMPLIANCE WITH PUBLIC PROCUREMENT LAWS AND REGULATIONS IN PUBLIC INSTITUTIONS IN KENYA: A CASE STUDY ON PUBLIC ENTITIES IN MOMBASA COUNTY


William Kipkemboi Sang

Masters Student, Jomo Kenyatta University of Science and Technology, Kenya

Dr. Fredrick Mugambi

Jomo Kenyatta University of Science and Technology, Kenya


ABSTRACT

Despite the Procurement law being progressive in nature, organizational misbehaviours and non compliance to the procurement law still abound as established by various audit reports. This research therefore conceptualized the factors affecting compliance with public procurement law and regulations in public institutions in Kenya. Specifically it sought to investigate the effect of staff awareness of rules and regulations, personnel skills and competencies and enforcement by relevant external agencies on compliance with public procurement rules and regulations. A case study approach was used whereby four select public entities in Mombasa County were used so as to achieve the objectives of this study. This study incorporated both qualitative and quantitative survey designs. The target population of this study consisted of all the sixty (60) individuals from the select institutions who are directly involved in public procurement in the respective institutions. A sample size of forty five (45) individuals were used whereby the researcher used the purposive sampling technique to select all the procurement officials at the four public entities who were believed to be in a much better position to respond to the research questions .The data gathered from questionnaires and other secondary sources was organized thematically. The relationship between variables was analysed and finally the data has been interpreted and summarized in order to draw conclusions and foreword recommendations.  The study findings show that the two most important factors affecting public procurement compliance are staff awareness of rules and regulations and personnel skills and competencies. This study recommends that the Public Procurement Oversight Authority and the public entities need to work together to improve on the awareness of staff to the public procurement procedures and that the public entities should liaise with the PPOA to ensure that their procurement staff are properly trained and equipped with the necessary skills in public procurement in order for them to adhere to the procurement procedures.


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