Kenya: Exclusive preference to local firms in public procurement

Measure #1525 | Published 11 Jun 2010 ▲

Description

In the 2010/11 budget speech read on 10 June 2010, the minister of finance proposed '...to accord exclusive preferences to local firms that manufacture, assemble, grow, extract or mine goods in priority areas such as textiles, furniture, motor vehicles and foodstuffs, through the promulgation of regulations under the Public Procurement and Disposal Act by 1st July 2010.'
 
This is because Procuring Entities have the discretion to apply preferences and reservations in public procurement, thus limiting the participation of local industries, even in cases where it should not be so.  The proposed exclusive preference is thereby to promote participation in the process by local industries.
 
 
 

Any Evidence-Based Deliberation:

Question Result
Is there anything in the public record to suggest that evidence of the effectiveness of the proposed measure was considered during official deliberations?
Is there any evidence that alternatives to the proposed measure were considered?
Is there anything in the public record that suggests that empirical evidence informed the comparison across the alternatives available to government?
Was such evidence identified?
Is such evidence publicly available?
Did the official decision-maker in question provide an explanation as to why a chosen measure was favoured over alternatives?
Is there any evidence to suggest that potentially affected trading partners were consulted before the measures were taken?
Is there any evidence that safeguards have been put in place to ensure that implementation of the initiative is transparent and non-discriminatory?
Did the government state its intention to review the measure within one year of implementation?

Implementing Jurisdiction:

Affected Trading Partners:

Measure type:

Affected Sectors:

Affected Tariff Lines:

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Date Discovered: 11/06/2010

Implemented: Yes

Date of inception: 1 Jul 2010

GTA Evaluation: Red

Source:

Ministry of finance, ' Budget Speech for the fiscal year 2010/2011.' page 24. http://www.treasury.go.ke/index.php?option=com_docman&task=cat_view&gid=...

Government Response:

Glossary of trade terms