Article 227 of the Constitution of Kenya: Public Procurement Principles

Last reviewed 2026-11-04 Applies to: Constitution of Kenya, 2010, Article 227

Short answer: Article 227(1) requires State organs and other public entities to contract for goods and services through a system that is fair, equitable, transparent, competitive and cost-effective.

What the Article does

It sets the constitutional standard every public procurement process must meet.
It requires Parliament to enact a law establishing the framework for procurement and asset disposal. That law is the Public Procurement and Asset Disposal Act, 2015, which states that it gives effect to Article 227.
The Article allows the framework to provide for preferences and for protecting groups disadvantaged by unfair competition or discrimination. This is the constitutional basis for measures such as AGPO.

Why it matters

Courts treat these five principles as the test for procurement decisions. The Supreme Court has described Article 227(1) as ensuring that all procurement by State organs and public entities follows a system with these qualities.

Edition and currency

Last reviewed 2026-11-04. This material refers to the Constitution of Kenya, 2010; the Public Procurement and Asset Disposal Act, No. 33 of 2015, which has been revised and amended since enactment; and the Public Procurement and Asset Disposal Regulations, 2020 (Legal Notice No. 69), for which Kenya Law publishes a consolidated version dated 31 December 2022. Laws change, so read the current authoritative text at the links below and check the date of the edition you are using before relying on any provision.

Educational information only. This page is not a substitute for professional legal advice. ComplyBora is an independent educational platform, not a government agency.

Article 227 of the Constitution of Kenya: Public Procurement Principles

What the Article does

Why it matters

Edition and currency

Related guides

Official and source references