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Njuguna Humphrey KIMANI1; Justice Prof. James Otieno ODEK2 & Dr. Attiya WARIS3

1Ph.D Student in Law, University of Nairobi

2Court of Appeal Judge & Senior Lecturer, University of Nairobi

3Lecturer, University of Nairobi

CITATION: Kimani, H., N., Odek, O., J., Waris, A. (2016). The Influence of Corruption on The Operationalisation of Public Procurement Law in Kenya. International Journal of Human Resources and Procurement. Vol 5 (7). PP. 1-60


The objective of this study was to investigate the interplay between political patronage and the influence of corruption on the operationalisation of the Public Procurement Law in Kenya. The main theoretical framework underpinning the study is the intersection between moral and legal philosophy and the role of law in social engineering. Theories explaining human conduct and the sociological school of thought where law is a tool for social engineering have been examined. Since corruption is considered a moral issue, theories of good governance have been used to emphasize the study. The study established that it is not the absence of the law that is the problem but lack of political goodwill. Instances were cited where institutions like Parliament, the Judiciary, PPOA, Ethics and Anti-Corruption Commission (EACC) and others, which are supposed to oversight the Executive, were found to be manipulated and compromised by the same Executive to rubberstamp irregular tender awards and unmerited appointments. An attempt was made to demonstrate that if public appointments are engineered against meritocracy, such appointees tend to owe their allegiance to those who influenced their appointments and work at their behest. If the law does not get the necessary moral and political support, then that law is largely dysfunctional. This is against the argument advanced by the positivist’s school of thought that, the law must be left to work on its own. This study concluded that it is the arm-twisting and compromise of institutions and individuals charged with the responsibility of ensuring the implementation of the law that hinders its workings and delivery.


Key words: Public Procurement, Corruption, Political Patronage, Procurement Reforms


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