SIGNIFICANCE OF THE SUPPLIES PRACTITIONERS MANAGEMENT ACT
Enactment of a legal instrument that regulates the conduct of supplies management practitioners - Thursday, January 31, 2008
In order to establish a strong legal status to enable the Institute discharge its professional mandate, especially in the areas of conducting national examinations in supplies management and regulating supplies management practices through established code of ethics, KISM with the guidance of the Office of the Attorney General and with support of the Treasury, drafted and lobbied for passage of enactment of the Supplies Practitioners Management Act 2007.
SIGNIFICANCE OF THE PRACTITIONERS ACT WITH REGARDS TO ENFORCEMENT OF THE PUBLIC PROCUREMENT AND DISPOSAL ACT 2005.To put things in context, Kenya spends nearly 150 billion per year on public procurement and loses attributed to poor procurement may be 30 billion per year. Better procurement can therefore significantly contribute to sizable economic growth.
Although the Public Procurement and Disposal Act 2005 promises to dramatically improve the procurement environment in Kenya there are a number of loopholes through which part of the problems from the past can sneak back into play.This is the lack of a clear definition of who is a procurement professional whom the PPD Act 2005 says must be entrusted with procurement responsibility in any public entity. Today, it is clear who is called a Lawyer, Engineer, Doctor or Accountant BUT NOT A PROCUREMENT PROFESSIONAL! For the Public Procurement and Disposal Act 2005 to be enforced professionally, enactment of a legal instrument that regulates the conduct of supplies management practitioners in both private and public sectors in Kenya is of paramount importance. The Article 27 (Responsibility for complying Act, etc.) and Article 28 (Engagement of procuring agents) in the Public Procurement and Disposal Act 2005 for instance, would not be professionally enforced unless professional competence, qualification and integrity of the procurement practitioners are regulated through a well-structured legal framework. Such a framework is provided for in the Supplies Practitioners Management Act.
On a similar note, the ongoing reforms in the legal sector could not have been as successful as they are without the support of a legislated and well-organized Law Society of Kenya (LSK). Other professionals who support our economy well because their sectors operate within an enabling legal framework include Accounts, Architects, QS, Doctors, Bankers, Engineers etc. KISM therefore strongly proposes that procurement follows the proven paths that have borne fruit by emulating what other professions have done. We have a major problem in controlling procurement corruption in this country and KISM is making serious efforts to help in curtailing this vice. We can only do it with your support. Ethical Kenyan supplies officers want to be an integral part of our societys efforts of reforming the procurement sector and keeping at bay corrupt people whose only interest in supplies is to enrich themselves.
by Chris Oanda
kism.or.ke