ADVOKS GLOBAL · KENYA
Public Procurement and Asset Disposal Act
45. Corporate decisions and segregation of responsibilities
Edition: 2022-12-31 · In force
45. Corporate decisions and segregation of responsibilities
(1)For the purpose of ensuring that the accounting officer's decisions are made in a systematic and structured way, an accounting officer shall establish systems and procedures to facilitate decision making for procurement and asset disposal.(2)The procedures required under subsection (1), shall be consistent with this Act and the Regulations.(3)All procurement processes shall be—(a)within the approved budget of the procuring entity and shall be planned by the procuring entity concerned through an annual procurement plan;(b)undertaken by a procuring entity as per the threshold matrix prescribed; and(c)undertaken in strict adherence to Article 227 of the Constitution.(4)All asset disposal processes shall be handled by different persons in respect of identification, consolidation, preparation of a disposal plan, pricing and the disposal itself.(5)For the avoidance of doubt, all public officers or State officers involved in procurement or asset disposal processes shall bear responsibility for their actions and omissions.