Hon Kivutha Kibwana in a press statement urging the national government to embrace open contracting
On 31st August 2020, President Uhuru Kenyatta directed the Ministry of Health to come up with a transparent, open method and mechanism through which all tenders and procurement done by Kenya Medical Supplies Agency (KEMSA) will be available online. The directive follows allegations of corruption in the procurement of COVID-19 emergency supplies.
With citizens' lives on the line and government spending at record highs, ensuring accountability to citizens is imperative to maintaining trust and effectively managing KEMSA’s procurement in response to COVID-19. Open procurement data can help in improving the efficiency of emergency procurement and support civil society groups to detect corruption and monitor the effectiveness of service delivery.
"This level of transparency and through the use of technology will go a very long way in ensuring that we have the confidence of our people that those placed in institutions are able to manage the resources of the Kenyan taxpayer plus our development partners in an open and transparent manner” - President Uhuru Kenyatta
Much can be learned from Makueni County in Kenya, a county that publishes and uses open, accessible, and timely information on government contracting to engage citizens and businesses. The Makueni Open Contracting Portal is an interactive site built by Development Gateway (DG) that provides detailed information on each step of the tender, award, and contract implementation process at the county level. These steps are now recorded within the interactive Makueni Open Contracting Portal - making information available for citizens at each step of the process. The county plans to go a step further to publish all implementation data such as community monitoring reports, also known as PMC reports and supplier payment vouchers.
The goal of the portal is to improve the efficiency of public procurement management and support the delivery of higher-quality goods, works, and services for residents of Makueni County through enhanced citizen feedback.
What We Learned from Makueni County
Lesson 1: Public Data Improves Efficiency
The primary role of the Ministry of Health and KEMSA in Kenya during an emergency situation is to provide citizens timely, affordable, and efficient supplies and services. Digitizing and publishing procurement data will provide the Ministry insights on whether funding and services are reaching intended beneficiaries.
Publishing procurement data will also encourage better monitoring from relevant state and non-state actors. The Ministry of Health and KEMSA will have the opportunity to aggregate non-state actors’ feedback and state actor insights. This feedback will enable them to make data-driven decisions that will improve service delivery to citizens, promote efficient allocation of resources and ultimately saving costs.
DG has developed interactive M&E dashboards to support analysis currently used by Makueni County. The series of charts and visualizations provide helpful data insights – such as top suppliers that received contracts and the percentage of awards that go toward the Access to Government Procurement Opportunities (AGPO), which requires tenders to be awarded to women, youth, and people with disabilities.
Since the start of the use of the Makueni open contracting portal in 2019, improved resource utilization and efficiency in procurement has been identified by the County leadership. Governor Kivutha Kibwana cited that the County has saved Kes. 30,000,000 from the Roads department as a result of using the portal.
Lesson 2: Building Trust is Essential to Combating Corruption
The complexity of emergency responses such as COVID-19 requires cooperation between the private sector, national, and county government to ensure timely delivery of supplies. KEMSA publishing data will promote feedback and engagement of business and citizens further building trust and collaboration. Publishing procurement data also equips civil society and citizens with the information needed to help combat corruption. For example, reporting counterfeits, frauds, and scams - which has been a key corruption issue identified globally in COVID-19 response procurement, particularly PPEs.
DG has implemented its corruption risk dashboard in Makueni, which uses high powered analytics and global research to identify risk profiles for potential corruption in procurement. KEMSA can adopt the corruption risk dashboard as a red-flagging tool to assist in identifying procurement activities that merit in-depth auditing of corruption risk – including fraud, collusion, and process rigging – over time. These analytics will allow the organization to address cases of corruption before taxpayer money is lost.
Lastly, publishing Beneficial ownership data can enable governments to quickly perform minimal standards of due diligence on companies they are buying goods and services from. As well as reducing the immediate risk of corruption, beneficial ownership data provides a valuable trail for future audit.