The e-GP was rolled out in June but now faces a legal hurdle. The High Court has stopped its mandatory use by all public entities, including county governments.
The Council of Governors (CoG) and four others challenged the directive by Treasury Cabinet Secretary John Mbadi. Justice Bahati Mwamuye issued the suspension pending the hearing of the case.
The petitioners say there was no proper public participation, violating Article 10 of the Constitution. They also accuse the Treasury of failing to consult county governments, contrary to Articles 6(2) and 189.
CoG supports e-procurement but wants a lawful rollout. They argue that implementation should be gradual, not rushed.
Justice Mwamuye issued a conservatory order stopping Circular No. E04/2025. The circular had directed all entities to use the e-GP system.
The case will be heard on October 14. The petitioners include CoG, Issa Elanyi Chamao, Patrick Karani Ekirapa, Paul Kirui, and International Legal Consultancy Ltd.
They argue the system lacks a legal and policy framework. They want the court to suspend it for 18 months.
During that time, they propose creating regulations, holding consultations with counties, and ensuring public participation. They also want phased implementation to prevent disruption.
The petitioners say the current system violates Article 227(2). It fails to provide preference categories in awarding contracts, disadvantaging some groups.
The ruling pauses Mr. Mbadi’s directive, giving room to address the concerns raised.
