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Government Contracts Act

Cap. 25

This is the latest version of this Act.
Government Contracts Act
Citation
Cap. 25
Date
31 December 2022
Language
English
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LAWS OF KENYA

GOVERNMENT CONTRACTS ACT

CAP. 25

  • Assented to on 17 December 1956
  • Commenced on 1 July 1957
  1. [Amended by Kenya (Amendment of Laws) (Miscellaneous Amendments) (No. 2) Regulations, 1963 (Legal Notice 604 of 1963) on 1 June 1963]
  2. [Amended by Kenya (Amendment of Laws) (Written Laws) Order, 1963 (Legal Notice 2 of 1963) on 12 December 1963]
  3. [Amended by Kenya (Amendment of Laws) (Miscellaneous Amendments) (No.7) Order, 1964 (Legal Notice 374 of 1964) on 12 December 1963]
  4. [Amended by Finance Act, 1978 (Act No. 8 of 1978) on 16 June 1978]
  5. [Amended by Statute Law (Miscellaneous Amendments) (Act No. 6 of 1979) on 11 May 1979]
  6. [Amended by Government Contracts (Amendment of Specified Amount) Order, 2005 (Legal Notice 66 of 2005) on 24 June 2005]
  7. [Amended by Public Procurement and Disposal Act, 2003 (Act No. 3 of 2005) on 1 January 2007]
  8. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
An Act of Parliament to provide for the making of contracts on behalf of the Government and for matters connected therewith

1. Short title

This Act may be cited as the Government Contracts Act.

2. Contracts made in Kenya for the Government

Subject to the provisions of any other written law, any contract made in the Colony on behalf of the Government shall, if reduced to writing, be made in the name of the Government of the Colony and Protectorate of Kenya, and shall be signed either by the accounting officer or by the receiver of revenue of the Ministry or for the department of the Government concerned, or by any public officer duly authorised in writing by such accounting officer or receiver of revenue, either specially in any particular case or generally for any contracts below a specified value in his department or otherwise as may be specified in such authorisation.

3. Contracts made outside Kenya for the Government

Any contract made for the Government outside Kenya by a person either generally or specially authorized in writing in that behalf by the Cabinet Secretary shall, so far as the same comes within the jurisdiction of the courts of Kenya, be deemed to be a contract made on behalf of the Government.[L.N. 604/1963, L.N. 374/1964.]

4. No other contracts to be deemed Government contracts

No contract made after the commencement of this Act shall, unless made in the manner hereinbefore provided, be deemed to be made by the authority of the Government.

5. Validation of contracts entered into before the commencement of this Act

Any contract entered into in good faith for the public service of the Government before the commencement of this Act, and purporting to be made on behalf of the Government—
(a)in the Colony, by any public officer; or
(b)in the United Kingdom, by the Secretary of State or by the Crown Agents; or
(c)elsewhere outside Kenya, by any person either generally or specially authorised in writing in that behalf by the Cabinet Secretary, shall be deemed to be a contract duly entered into on behalf of the Government.
[L.N. 604/1963.]

6. Limitation of personal liability of public officers

(1)No public officer shall be liable to be sued personally upon any contract which he makes in that capacity; but a public officer shall be personally liable if he expressly pledges his personal credit or if he contracts otherwise than as the agent of the Government.
(2)No public officer acting on behalf of the Government shall be liable to be sued for breach of an implied warranty of his authority to enter into any contract.

7. Form of authorisation

Any authorisation given under section 2 of this Act shall be in the appropriate form set out in the First Schedule to this Act.

8. [Deleted by Act No. 3 of 2005, 4th Sch.]

9. Non-application

For the avoidance of doubt it is declared that agreements made or other instruments given under the Internal Loans Act (Cap. 420), the External Loans and Credits Act (Cap. 422) and the Guarantee (Loans) Act (Cap. 461) are not contracts to which this Act applies.[6 of 1979, Sch.]

FIRST SCHEDULE [s. 7]

AUTHORIZATION

[Act No. 8 of 1978, s. 2.]
 
A
 
I, ...................................... Accounting Officer/Receiver of Revenue, ................................... hereby authorise .................................. to sign the contract between the Government of Kenya and .......................................
........................................................................................ for
(Here briefly describe the particular contract)
(Signed) 
.............................................................Accounting Officer/Receiver of Revenue 

_________________

 
B
  
I, ............................................ Accounting Officer/Receiver of Revenue, ................................. hereby authorise ...................................... to sign the contract between the Government of Kenya and any contract (in his department) below a value of ............................. (or as the case may be).
  
 (Signed) 
 ................................................................Accounting Officer/Receiver of Revenue 

SECOND SCHEDULE

DELETED

[Deleted by Act No. 3 of 2007, 4th Sch.]
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History of this document

31 December 2022 this version
01 January 2007
24 June 2005
11 May 1979
16 June 1978
Amended by Finance Act, 1978
12 December 1963
01 June 1963
01 July 1957
Commenced
17 December 1956
Assented to

Subsidiary legislation

Title
The Government Contracts Act - Authorization Legal Notice 183 of 1958