A value-driven approach to public procurement and asset disposal ensures adherence to certain principles laid down in policy and legal standards. These values prioritize the equitable distribution of opportunities, transparency in decision-making, accountability for actions taken, and integrity in dealings with suppliers and contractors. 

Unfortunately, in Kenya, capable contractors sometimes hesitate to participate in public tenders, leaving opportunities open for what's termed "tenderpreneurs." This hesitance often stems from the perception that the procurement process favors those with personal or business connections or those willing to engage in corrupt practices. 

However, the reality of policy and law on public procurement and disposal of assets differs from these perceptions. The Constitution of Kenya, especially in article 227, sets forth clear principles for procurement, emphasizing fairness, transparency, and cost-effectiveness.  

Additionally, the Public Procurement and Asset Disposal Act (revised edition 2022), along with its regulations provides a robust framework to ensure adherence to these principles. Its provisions mandate public procurement entities to observe the following when buying and disposing of assets: 

(a) stick to national values and principles. 

(b) ensure equality and no discrimination. 

(c) implement affirmative action programs. 

(d) uphold integrity principles from the Leadership and Integrity Act, 2012. 

(e) follow public finance principles. 

(f) adhere to public service values and principles. 

(g) follow procurement profession principles and international norms. 

(h) aim to get the best value for money. 

(i) support local industry, sustainable development, and environmental protection. 

(j) support citizen contractors. 

These legal provisions underscore the commitment to maintaining ethical standards and accountability in public procurement and asset disposal, aiming to ensure that the process benefits all stakeholders and promotes economic development.