High Court Issues Orders Affecting All Govt Tenders

The High Court has temporarily suspended the government’s directive requiring all state agencies and county governments to exclusively use the new Electronic Government Procurement (eGP) system for procurement.
In orders issued by Justice Bahati Mwamuye on Monday, the court granted conservatory measures halting the enforcement of a circular issued by the National Treasury and the Public Procurement Regulatory Authority (PPRA), which had made onboarding to the eGP system mandatory for all public entities.
The judge directed that until further orders are given, public procurement entities will not be compelled to exclusively use the eGP platform. Instead, they are required to comply with Section 77(1) of the Public Procurement and Disposal Act, which allows the submission of tender documents in both electronic and manual form.
”A conservatory order be and is hereby issued staying the decision of the Cabinet Secretary, National Treasury & Economic Planning, and the Public Procurement Regulatory Authority’s Circular No. E04/2025, which required the mandatory use of the Electronic Government Procurement System [e-GPS] by all Public Procurement Entities,” Justice Mwamuye’s orders read in part.
”All Public Procurement Entities shall comply with Section 77(1) of the Public Procurement and Disposal Act in that submission of tender documents shall be in writing and in either electronic or manual form; and such submissions shall comply with the other requirements of Section 77 generally and subsection (1) in particular.”
The court further ordered that the National Treasury and PPRA must accept and process both manual and electronic submissions equally, provided they meet the legal requirements under the Act.
Justice Mwamuye ruled that the conservatory orders will remain in force until October 15, 2025, when they will lapse unless extended or varied by the court.
More to follow:…