• CEO Mbarak says Article 227 of the Constitution requires public procurement to be carried out in a fair, equitable, transparent, competitive and cost-effective manner.
• "Consequently, no person or organisation can, lawfully, be denied an opportunity to participate in any public procurement except as may be authorised under the law.”
The Ethics and Anti-Corruption Commission has condemned Trade CS Moses Kuria's remarks leveled against Nation Media Group.
It followed sack threats by the CS to state officials who would dare place government adverts with the media organisation over a report it carried that alleged Cabinet secretaries were involved in scheming the drop in edible oil prices and cost taxpayers billions of shillings.
But in a statement on Monday, EACC Chief Executive Officer Twalib Mbarak said no public institution or public official should be victimised for engaging in any lawful dealings with any organisation, including in the award of tenders.
"Notably, public procurement laws and Regulations are designed to achieve important objectives in the management of public affairs as set out in the Constitution and the relevant Statutes," Mbarak said.
"The Constitution in Article 227 requires that public procurement be carried out in a system that is fair, equitable, transparent, competitive and cost-effective.
"Consequently, no person or organisation can, lawfully, be denied an opportunity to participate in any public procurement except as may be authorised under the law,” the EACC boss added.
He said the Commission has a constitutional and statutory mandate to advise public institutions and public officials on ethics and good governance practices.
This is in line with the discharge of their responsibilities, including on issues concerning procurement of goods and services.
"The Commission, therefore, advises all state and public officers to strictly adhere to the laws governing management of public affairs, including the requirements of Chapter Six of the Constitution and the Leadership and Integrity Act, 2012,” Mbarak said.