ADVOKS GLOBAL · KENYA
Public Procurement and Asset Disposal Act
43. Inspections, Assessments and Reviews relating to contracts, procurement and asset disposal proceedings
Edition: 2022-12-31 · In force
43. Inspections, Assessments and Reviews relating to contracts, procurement and asset disposal proceedings
(1)The Authority, or anyone authorised by the Authority, may inspect, assess, review or audit at any reasonable time, the records and accounts of the procuring entity and contractor relating to the procurement or disposal proceeding or contract and the procuring entity and contractor or tenderer shall co-operate with and assist whoever does such an inspection.(2)The Authority shall conduct procurement audits during the tender preparation, contract audit in the course of execution of an awarded tender; and performance audit after the completion of the contract in respect of any procurement or asset disposal as may be required.(3)The inspector shall have access to all relevant books, records, returns, reports and other documents of the procuring entity or a person who participated in the procurement or asset disposal proceedings, including electronic documents.(4)The inspector may remove or make copies of any documents he or she has access to.(5)Where an inspector removes a document from the promises, the inspector shall certify a copy of the document to be left with the procuring entity;(6)The inspector may require any of the following to provide explanations, information and assistance—(a)an employee or officer of the procuring entity; or(b)an employee or a person who participated in the procurement or asset disposal proceedings.(7)Subject to prescribed conditions and limitations, an inspector shall have additional powers as may be prescribed.(8)Where contraventions are discovered in the course of an inspection, the Authority may direct the procuring entity to take such actions as are necessary to rectify the contravention.