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WEKESA: Why States ad agency was doomed to fail: Part II - Daily Nation

READ: Why Government Advertising Agency was doomed to fail Although the GAA rules and guidelines are fairly elaborate on the manner of procurement of public advertising, questions can be raised about proper consultation with the key entities in the government procurement processes, namely, the Public Procurement Regulatory Authority (PPRA) and the Public Procurement Regulatory Board (PPRB). Equally, it was unsettling that the National Treasury CS, under whom government procurement functions fall, would sign away some of his ministry’s functions and responsibilities outside of the established law and procedure. The Public Procurement and Disposal Act, 2005, was a duly gazetted Act. Nothing short of a parliamentary amendment to the Act would have been required if some of its functions were to be transferred from Treasury to the ICT ministry. Indeed, the GAA seems to have been formed in haste given that at the time it was being launched in 2015, amendments were being debated with some arguing that the GAA should have awaited the passing of the new Act later that year. ONYANGO-OBBO: State’s bid to starve media of adverts is a very good thing A close examination of the old PPOA Act, under which the GAA advertising procedures were instituted, reveals various discrepancies. Where the PPOA stipulated that a “public entity shall establish a tender committee [and a] procurement unit … for the purpose of making decisions”, the GAA was silent on this crucial requirement. Not even the ministry’s own tender committee is mentioned. Neither do the GAA regulations set out in unambiguous terms how empanelment or selection of media platforms on which public advertising would run was or is done. This is a dicey loophole as regards to procuring advertising generally but more so with respect to advertising for tenders, which is a major budgetary requirement for most public procurement entities.

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