A Nairobi High Court has temporarily suspended the mandatory implementation of the electronic procurement system (e-GPS) for all public entities, following a petition filed against its use. The ruling came on September 8, 2025, when Justice Bahati Mwamuye issued a conservatory order that effectively blocks the directive issued by the Cabinet Secretary for National Treasury and Economic Planning, John Mbadi.
The controversy surrounding the e-GPS began when the Cabinet Secretary ordered all public procurement entities and county governments to adopt the system for processing tenders. However, multiple stakeholders, including the Council of Governors (CoG) and the International Legal Consultancy Group, challenged this decision, arguing that the proper procedures were not followed. They contended that there was no public participation in the decision-making process, as required by the Constitution, and that county governments were not consulted adequately.
In the ruling, Justice Mwamuye directed that both electronic and manual submissions of tender documents should be accepted and processed equally, provided that the submissions meet the criteria outlined in Section 77 of the Public Procurement and Disposal Act. This means that the use of e-GPS is no longer compulsory, and public procurement entities can process tenders submitted either manually or electronically, as long as they conform to the relevant legal requirements.
The court’s order was a significant win for those opposed to the compulsory use of the e-GPS, as it temporarily halts its rollout across public entities. The petitioners, including CoG and several individuals, argued that the rushed implementation of the system was not in line with constitutional processes and that it could lead to confusion and inefficiencies.
The court’s conservatory orders will remain in effect until October 15, 2025, unless extended. The case will be heard again on October 14, 2025, when the petitioners’ motion will be further discussed. This ruling has brought the debate over the e-GPS to the forefront, with many now calling for a more transparent and consultative approach to its adoption in the public sector.
In conclusion, the suspension of the e-GPS implementation offers an opportunity for further discussions on its necessity and constitutionality, ensuring that any future decisions take into account the views of all stakeholders, including county governments and the public.
