Siaya Governor James Orengo has directed the Directorate of Procurement to use the manual tendering process to allow awards and the commencement of project implementation after the court halted the electronic procurement system.

Speaking on Wednesday, December 10, 2025, Orengo noted that time was running out and that delays linked to the electronic system would slow project implementation.

“For this matter, the Court gave a decision that it is not mandatory to follow either of the procurement processes or use either the Electronic Government Procurement system (EGP) or the traditional manual processes; the only people who are bringing difficulties, especially, are saying if you go manual, then you take a risk.

“You may do it and will not approve payments, but it’s clear that the crisis is in the country, even in the national government, but we should ride on what the court has decided, and from where I sit, I have already directed the department that the process of procurement should not be delayed; it should start right away,” he said.

He warned that this would lead to the rollover of funds and an increase in pending bills.

Addressing a joint executive and Assembly meeting, Orengo instructed the Procurement Unit to pause other activities and focus on tendering so that contractors can begin work once awards are issued.

He said the court had ruled that public entities were not required to use one specific procurement method and could choose either electronic or manual processes. He added that the only challenge was coming from the Controller of Budget.

Orengo said the Controller of Budget had threatened not to approve payments for tenders processed manually.

He stated that the county should rely on the court ruling, given the procurement challenges facing both county governments and the national government, and emphasised that the tendering process must begin immediately.

On 8 September 2025, the High Court stopped the compulsory use of the Electronic Government Procurement System.

The ruling stated that public entities could receive and submit tender documents either electronically or manually, provided they complied with the Public Procurement and Disposal Act.

If the Controller of Budget declines to approve payments for tenders, Orengo said the county would return to court with the existing court order.

Justice Bahati Mwamuye issued a conservatory order suspending the requirement for mandatory use of the electronic system.

The ruling stated that tender submissions must be in writing and either in electronic or manual form and must comply with the Act.

The National Treasury and the Public Procurement Regulatory Authority were directed to process both formats equally.

The conservatory orders remain in effect until 15 October unless extended or varied by the court.

The electronic procurement system was launched on 7 April 2025 and is scheduled to become the sole platform for public procurement from the 2025 to 2026 financial year.

It is intended to reduce fraud and save the country up to KSh150B annually.

The system digitises the procurement process from planning and bidding to contract management and payment.

It is integrated with key government databases, including the Kenya Revenue Authority’s iTax system, the Integrated Financial Management Information System, the Business Registration Service and the Integrated Population Registration System.

Orengo asked the Procurement Unit not to wait for the system to be used before preparing the bill of quantities.

“I am insisting on verifying the bill of quantities because some of the projects, including the building that houses Siriwo rice mill, were wrongly designed,” Orengo said.

Orengo said he had noticed delays in their preparation and would personally demand them for endorsement. He insisted on reviewing the bill of quantities to ensure quality designs, noting that technical staff were overwhelmed.

The governor cited the building housing the Siriwo rice mill as one example of a project that had been poorly designed.

He also highlighted issues with the designs for Madiany Ginnery and the modern maternity unit in Yala, which had to be redone.