New Penalty for Public Procurement Offendors

RSM,
Indeed. Severe penalties are likely to deter crime but, in long run they will also turn be less punitive. Even the previous penalties when were initially introduced were found to be quite shocking, over passage of time they are not scaring. To me the solution is not only on imposing heavy penalties and introducing stringent procedures; we need to find the root cause of the problems and find lasting solution. I understand this is a big challenge which requires a lot effort in changing mindset of the society in general.

I believe the solution to this problem is within us and one way is through discussions. However, it appears willingness to debate on the subject is not forthcoming. This can be attested by one of my postings in Kiswahili titled” NANI ALIKUFUNDISHA”

Dear Procurement Practitioners,

The section on offences has been amended in PPA 2011 to provide for more stringent sentences to those in breach of the law.

Offences
104.-(1) A person who-
(a) knowingly gives false or misleading information or evidence in purported compliance with a summons issued under this Act;
(b) contrary to this Act, interferes with or exerts undue influence on any officer or employee of the Authority, Appeals Authority or procuring entity or member of tender board in the performance of his functions or in the exercise of his her power under this Act;
(c) open any sealed tender, including such tenders as may be submitted through electronic system and any document required to be sealed, or divulge their contents prior to the appointed time for the public opening of the tender documents;
(d) connives or colludes to commit a fraudulent, corrupt, collusive, coercive or obstructive act as defined in section 3;
(e) causes loss of public properties or funds as a result of negligence in the implementation of this Act,

commits an offence and on conviction shall be liable to a fine of not less than ten million shillings or to imprisonment for a term of not less than seven years or to both, and in addition to the penalty imposed in this section, the court shall order that the amount of loss incurred by the complainant be compensated, failure of which, the court shall issue an order of confiscation of personal property of the person convicted in order to recover the loss.

(2) A person who -
(a) without reasonable excuse fails or refuses to give information, produce any document, records or reports required under section 18 or under the notice issued in accordance with subsection (3) of section 92;
(b) without reasonable excuse, fails or refuses to give information, produce any document, records or reports required under subsection (2) of section 18 or under the notice issued in accordance with subsection (4) of section 97;
(c) delay without justifiable cause, the opening or evaluation of or the awarding of contract beyond the prescribed period; or
(d) contravenes or fails to comply with provisions of this Act, or regulations made under this Act,
commits an offence and on conviction is liable to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding three years or to both.

(3) Where a procuring entity consistently contravenes this Act, it shall, on the direction of the Authority, have its procurement function transferred to the Agency until the Authority is satisfied that the causes of the contravention have been rectified.


Is it time that we now quit from procurement job?