The legal requirement for women, youth and persons with disabilities to access 30% of Government Procurement opportunities is being implemented within the context of the AGPO program which was officially launched by His Excellency the President, Uhuru Kenyatta on 16th October, 2013 in Nairobi County.
The Access to Government Procurement Opportunities (AGPO) program is founded on the the Constitution of Kenya, 2010 Article 227 on the fair equitable, transparent and cost-effective public procurement of goods and services, the Constitution of Kenya, 2010 Article 55 on affirmative action and the Public Procurement and Asset Disposal Act, 2015.
What is the aim of the Access to Government Procurement Opportunities (AGPO) Program?
The aim of the AGPO program is to facilitate the enterprises owned by women, youth and persons with disability to be able to participate in Government opportunities. This is will be made possible through the implementation of the legal requirement that 30% of Government procurement opportunities be set aside specifically for enterprises owned by these groups. As a result, the program is aimed at empowering them by giving them more opportunities to do business with Government.
‘Youth’ as defined by the Kenyan Government, refers to young people between the ages of 18 years and 35 years. A youth-owned enterprise refers to a legally registered business in the form of a sole-proprietorship, partnership or limited company. For both the partnership and the limited company, the ownership in form of capital invested or shares owned should be at-least 70% for the youth.
"Disability" as per the meaning assigned to it under the Persons with Disabilities Act, 2003 means a physical, sensory, mental or other impairment, including any visual, hearing, learning or physical incapability, which impacts adversely on social, economic or environmental participation. All persons with disabilities seeking preference in Government procurement must provide their National Council for Persons with Disabilities (NCPWD) registration number.
“Woman” means a person of the female gender who has attained the age of eighteen years and includes a company, association or body of persons, corporate or unincorporated in which at least seventy percent of the shareholders, members or persons and a majority of its directors are of the female gender.
A procuring entity shall allocate at least thirty percent of its procurement spend for the purposes procuring goods, works and services from micro and small enterprises owned by youth, women and persons with disability.
For the purpose of implementing paragraph (I), a procuring entity shall implement the requirement through its budgets, procurement plans, tender notices, contract awards and submit quarterly reports to the Authority.
For the purpose of benefiting from preference and reservations schemes,an enterprise owned by youth, women or persons with disabilities shall be a legal entity that:
Regions where exclusive preference shall apply