Public Procurement Code of Ethics A.

PREAMBLE

1. Public procurement in Kenya is governed by the Public Procurement and Disposal Act (PPD Act),
its attendant Regulations (PPD Regulations), and instructions issued by the Public Procurement
Oversight Authority (PPOA). Every procuring entity is responsible for planning and implementing its
procurement. The PPOA is responsible for ensuring that the procurement procedures established
under the Act are complied with.

2. This Code of Ethics is designed to help employees of procuring entities to comply with the Act and
the Regulations and to adopt good practices and ethical standards. Employees who violate the law
or engage in unethical business dealings may be subject to disciplinary proceedings.

3. This Code of Ethics has been issued by the PPOA pursuant to Section 139 of the Public
Procurement and Disposal Act 2005 which provides that “All procurement and disposal shall be
carried out in accordance with the codes of ethics that may from time to time be specified by the
authority.” Breach of the Code of Ethics may provide grounds for establishing an offence under
Section 135 of the Act.

4. This Code of Ethics complements the PPD Act and the PPD Regulations. It does not replace any
part of the Act or the Regulations.

5. The PPOA will undertake continuous training of the staff of procuring entities to eliminate
malpractices which might arise due to ignorance of the public procurement system.

6. The PPOA will exercise oversight in the management of this Code of Ethics, including taking
remedial measures where the Code of Ethics is breached.

. GENERAL PRINCIPLES

1. Procuring entities shall not commence procurement proceedings without confirming that budgets
will be available. Public Procurement Code of Ethics for Procuring Entities 3

2. Procuring entities shall ensure the use of well prepared standard tender documents with
complete information and give equal opportunity to all interested bidders.

3. When preparing tender documents or request for proposals, procuring entities should avoid
inclusion of conditions which are unfair, discriminatory or unreasonable.

4. A procuring entity shall ensure that its procurement achieves value for money in terms of cost,
quality, quantity and timeliness of the delivered works, goods or services.

5. Information given by procuring entities to those participating in public procurement should be

true, accurate and fair and never designed to mislead.

6. Procuring entities shall ensure that all instructions to vendors are given in writing by authorized
officers.

7.
8. Impunity, which is freedom from any risk of being punished for doing something wrong, shall not
be tolerated.

9. Public procurement activities shall be undertaken bearing in mind the requirement for meeting
the closest public scrutiny.

Procument codes of ethics

1. PPOA Principles

Public procurement and asset disposal by State organs and public entities shall be guided by the
following values and principles of the Constitution and relevant legislation— Guiding principles.

(a) the national values and principles provided for under Article 10;

(b) the equality and freedom from discrimination provided for under Article 27;

(c) affirmative action programmes provided for under Articles 55 and 56; 2015 Public Procurement
and Asset Disposal 1971 No. 33

(d) Principles of integrity under the Leadership and Integrity Act, 2012; No. 19 of 2012.

(e) The principles of public finance under Article 201;

(f) The values and principles of public service as provided for under Article 232;

(g) Principles governing the procurement profession, international norms;

(h) Maximisation of value for money;

(i) Promotion of local industry, sustainable development and protection of the environment; (j)
promotion of citizen contractors: Procuring entities shall not delay payments which are due to the
contractors, suppliers, and providers of services, consultants or others.

2. KISM
Core Values
Democratic participation of membership in Institute affairs

Commitment to integrity, transparency, and accountability in procurement

Promotion of a conducive institutional environment for staff

Promotion of continuous learning

Results oriented

Commitment to fair and just dealings with members and stakeholders

Principles of ethical behavior • In carrying out their duties and responsibilities appertaining to work
and the profession, members of KISM shall

• Be loyal to the employing organization (i.e. the employer)

• Do justice to those with whom they deal with and interact

• Be faithful to their profession

• Abstain from temptations and acts that are harmful to themselves and members of the society or
community

• Do the right thing at the right time, in the right place, in the right way and at the right level of
Performance

3. CIPS
The following five Principles for the modernisation of CIPS’ governance were agreed by the
former CIPS Council in June 2011.
 CIPS is a global professional body which values the diversity of its membership and its
status as a Chartered Institute and UK charity: o inside the charity, CIPS runs a global
network of commercial activities in pursuit of its Charter objectives and to fund member
benefits and initiatives for the public good;
 CIPS must be able to make timely and effective decisions: o decision rights to be defined
at all levels with clear accountability and communications; o there will be effective control of
subsidiaries and JVs through the CEO and staff;
 There will be a global advisory body, or Congress, that will represent all the membership
and be the conscience of CIPS: o will be constituted such that it is not dominated by a single
interest group; o will engage the membership to guide and influence the Trustees; o will be
chaired by the Chair of Congress and elect a proportion of the Trustees;
 There will be a smaller executive body of Trustees: o Trustees will be MCIPS or FCIPS, or
non-members selected for their particular expertise; o the Global Board of Trustees will be
chaired by the Chair of the Institute; o the performance of each Trustee will be evaluated
and managed by the Trustees as a group; o the CEO is responsible for the management of
CIPS and all subsidiary entities and will be line-managed by the Chair of the Global Board of
Trustees;  There will be an independent Nominations Committee responsible for the
election and appointment of Trustees, against published criteria: o chaired by an
independent committee member; o will champion the democratic election of Trustees from
the global Congress; o will consider applications from individuals to be appointed as
Trustees; o will appoint the Chair of the Global Board of Trustees and the President as two
independent roles which are not automatically sequential.