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INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS
COPY RIGHT © 2013 Institute of Interdisciplinary Business Research
561
MAY 2013
VOL 5, NO 1
FACTORS INFLUENCING COMPLIANCE TO PROCUREMENT
REGULATIONS IN PUBLIC SECONDARY SCHOOLS IN KENYA: ACASE OF
NYAMACHE DISTRICT, KISII COUNTY.
Jane Onyinkwa
School of Human Resource Development,
Entrepreneurship and Procurement Department.
Jomo Kenyatta University of Agriculture and Technology.
P.O BOX 6200-00200, Nairobi, Kenya.
William Masaka Ondieki, Kevin Moindi Omai (Research Assistants)
Abstract
This research dealt with the factors influencing compliance of procurement regulations in
public secondary schools in Nyamache sub-county. Nyamache sub-county was selected
because public schools within the district are worst hit by non-compliance to public
procurement regulations. This study concentrated on three variables; ethics in public
procurement act, knowledge/training and committee‟s awareness as factors deemed to
influence compliance of procurement regulations in public secondary schools in Nyamache
sub-county. This study was conducted through a descriptive survey research design. The
study involved 15 public secondary schools in Nyamache sub-county. This research project
was guided by research questions based on the variables aforementioned. Literature related to
this study was reviewed based on the variables; ethics, staff training and awareness as factors
deemed to influence compliance on procurement regulations in public secondary schools in
Nyamache sub-county. Data was collected by use of the questionnaire and reliability of
research instruments was tested using test-retest technique and validated by experts in
academic research. Stratified random sampling and simple random sampling was used to
select the sample size of 135 respondents. The data was collected and analyzed by descriptive
statistics: simple frequencies and percentages. Data was presented in descriptive form
supported by frequency counts and percentages. From the research findings it can be
concluded that ethics, awareness and training influences the compliances of procurement
regulations in public secondary schools. The following recommendations were made: It is
important to offer ethics education to school tendering committee members in order to ensure
they serve in ultimate objectivity, accountability, and non discrimination. Further research
should be undertaken on the following areas: effects of compliance on quality of goods and
services procured in public secondary schools, challenges facing the enforcement of public
procurement regulations in public secondary schools and challenges facing e-procurement in
public secondary schools.
Key Terms: Compliance of Procurement Regulation, Level of Awareness and Staff
Training.
1.0 INTRODUCTION
1.1 Background of the Study
Worldwide, public procurement has become an issue of public attention and debate, and has
been subjected to reforms, restructuring, rules and regulations. Public procurement refers to
the acquisition of goods, services and works by a procuring entity using public funds (World
Bank, 1995a). According to Roodhooft and Abbeele (2006), public bodies have always been
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big purchasers, dealing with huge budgets. Mahmood, (2010) also reiterated that public
procurement represents 18.42% of the world GDP.
Although several developing countries have taken steps to reform their public procurement
systems, the process is still shrouded by secrecy, inefficiency, corruption and undercutting. In
all these cases, huge amounts of resources are wasted, (Odhiambo and Kamau, 2003).
In developing countries, public procurement is increasingly recognized as essential in service
delivery (Basheka and Bisangabasaija, 2010), and it accounts for a high proportion of total
expenditure. For instance, public procurement accounts for 60% in Kenya (Akech, 2005),
58% in Angola, 40% in Malawi and 70% of Uganda‟s public spending (Wittig, 1999;
Government of Uganda, 2006) as cited in Basheka and Bisangabasaija (2010). This is very
high when compared with a global average of 12-20 % (Frøystad et al., 2010). Due to the
colossal amount of money involved in government procurement and the fact that such money
comes from the public, there is need for accountability and transparency, (Hui et al., 2011).
Consequently, various countries both in developed and least developed countries have
instituted procurement reforms involving laws and regulations. The major obstacle however,
has been inadequate regulatory compliance. De Boer and Telgen (1998) confirm that non-
compliance problem affects not only the third world countries but also countries in the
European Union. This position is further supported by Gelderman et al., (2006) who contend
that compliance in public procurement is still a major issue.
Hui et al., (2011) while analyzing procurement issues in Malaysia established that
procurement officers were blamed for malpractice and non-compliance to the procurement
policies and procedures. Citing Yukl (1989), Gelderman et al., (2006) stipulate that
compliance occurs when the target performs a requested action, but is apathetic about it,
rather than enthusiastic, and puts in only a minimal or average effort. However, as an
organizational outcome, compliance has traditionally been understood as conformity or
obedience to regulations and legislation (Snell, 2004) cited in Lisa, (2010).
For instance in Uganda, a wave of procurement reforms that begun in 1997, culminated into
the enactment of the Public Procurement and Disposal of Public Assets (PPDA) Act 2003,
and regulations 2003. Unfortunately, many central government ministries and agencies have
since then not followed prescribed practices (Agaba & Shipman, 2007). The procurement
audits carried out by the PPDA have revealed that out of 322 contracts audited at the end of
2005, only 7 (2%) were assessed as compliant. Other successive audit checks reveal that
compliance in public procurement in Uganda is still inadequate (PPDA compliance reports,
2009; PPDA Baseline survey report, 2010; PPDA Capacity Building Strategy Report, 2011-
2014; World Bank Country Procurement Assessment Report, 2001) cited in Tukamuhabwa
B. R(2012).
According to Kenyanya et al., (2011), Kenya has undergone significant development in the
past three decades. From being a system with no regulations in the 1960s to a system
regulated by Treasury Circulars in the 1970s, 1980s and 1990s, the introduction of the
Procurement Regulations of 2006 brought new standards for public procurement in Kenya.
Many studies were carried out on procurement before the Public procurement and Disposal
Regulations of 2006 to evaluate the efficiency of the procurement process in existence at the
time, (Kipchilat, 2006). The major findings of the studies were that public procurement was
not operating efficiently and that the state was losing a lot of money through shoddy deals.
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INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS
COPY RIGHT © 2013 Institute of Interdisciplinary Business Research
563
MAY 2013
VOL 5, NO 1
These regulations became effective in Kenya on 1st January 2007 after the gazettement of the
Public Procurement and Disposal Regulations Act 2005. The purpose of this Act is to
establish procedures for procurement and the disposal of unserviceable, obsolete or surplus
stores and equipment by public entities to achieve efficient management of public funds. The
act contains eleven (11) parts. The Principal reason for the enactment of the Act was to have
a legal regime that weeds out inefficiencies in the procurement process, remove patterns of
abuse, and the failure of the public purchaser to obtain adequate value in return for the
expenditure of public funds. However, these objectives have never been fully achieved in
practice, (Wanyama, 2010). Wanyama notes further that key provisions of the Act and the
Regulations are replete with textual weaknesses that have often been abused by procuring
entities. The Regulations do not envisage contemporary market realities hence the need to
continuously revise them to keep pace with these developments.
In a study conducted in Kenya by the PPOA (2007), the introduction of the legal and
regulatory procurement framework; the establishment of the PPOA as an oversight body; the
development of a framework for contract administration and the new appeals mechanism
were among those aspects of the procurement system rated as having been positively affected
by the Regulations. In contrast, the existing institutional development capacity in procuring
entities and functioning of the procurement market were assessed as being among the
weakest aspects of the system. The report noted that although procedures supporting
systematic procurement planning have been established, research showed that these are far
from always being complied with. It was found out, for example, that there was a low share
of procurements that were done through open tendering.
Another study by KPMG International carried out after the introduction of the Regulations, it
was still found out that public procurement still suffers from fraud and misconduct (KPMG,
2008). A study by KACC, also noted that public officials distort the Regulations to restrict
the participation of interested firms in procurement, or still direct the outcome of others.
The introduction of the Regulations almost coincided with the introduction of Free Secondary
Education (FSE) in 2007. The PPDR included public secondary schools among the
institutions whose procurement systems were to be regulated by the Regulations. The Public
Procurement and Disposal Act granted teachers and subordinate staff the power to control the
tendering and procurement process in public schools by setting of Tendering Committees to
oversee the whole process of procurement. This was also aimed at decentralizing the
procurement process which was a preserve of Principals for a long time. The disbursement
and utilization of funds meant for Free Secondary Education (FSE) programmer is subject to
the provisions of the Government Financial Management Act, 2004 which emphasizes on
good financial management in public institutions. The Public Procurement and Disposal
Regulations were supposed to supplement towards this goal by making public procurement
more transparent (PPOA, 2007).
In a study by Kenyanya et al., (2011) found that the established legal and regulatory
framework in pubic secondary schools in Kenya has added some strength to the public
procurement system, weaknesses still exist in the framework. For example, although open
tenders were found to be the preferred method of tendering used by most of the public
secondary schools thus bringing it closer to its intended status as the default method of
procurement, it is clear that the procurement functioning needs to developed further and
considerable effort put into defining strategies for how to make open tendering the main
method of procurement.
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1.2 Statement of the Problem
The aim of the Public Procurement Regulations of 2006 was to promote fairness,
transparency and nondiscrimination in procurement in public institutions with the main aim
of ensuring efficient use of public funds. However, studies reveal that even after the
enactment of the Regulations, there are losses of public funds that can be attributed to public
procurement. A survey carried by the Kenya publishers association on booksellers indicates
how book distributers collude with school principals to embezzle money set aside for free
education in public secondary schools in Kenya (Wanyama, 2010).
Further, studies indicate dissatisfaction among stakeholders brought about by loopholes left
by the Regulations which may be used by dishonest people to make the process inefficient
(Kenyanya, 2011). Compliance levels continue to be low in public entities in Kenya despite
efforts by the Public Procurement Oversight Authority (PPOA) to put in place measures to
improve compliance (PPOA 2007). Procurement audits carried out revealed non –
compliance with procurement regulations in public secondary schools. In Nyamache district,
it has been noted that school tendering committees distort the Regulations to restrict the
participation of interested suppliers in procurement, or still direct the outcome of others
(District Audit report 2010-2011). This study therefore sought to investigate factors
influencing compliance of Procurement Regulations in Public Secondary Schools in
Nyamache district, Kenya.
1.3 Objectives
1.3.1 General Objective
The research intended to assess the influence of compliance on procurement regulations in
public secondary schools in Nyamache district.
1.3.2 Specific Objectives of the Study
This study was guided by the following specific objectives;
1. To establish the influence of ethics on compliance of procurement regulations public
secondary in Nyamache district.
2. To evaluate the influence of level of awareness on compliance of procurement regulations
and procedures in public secondary schools in Nyamache district.
3. To investigate the contribution of staff training on compliance of public procurement in
public secondary schools in Nyamache district.
1.4 Research Questions
This study sought to answer the following research questions;
1. How does committee‟s procurement ethic influence compliance of procurement
regulations public secondary in Nyamache district?
2. How does staff‟s level of awareness influence compliance of procurement regulations in
public secondary schools in Nyamache district?
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INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS
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3. What the contributions of staff training on compliance of public procurement in public
secondary schools in Nyamache district?
1.5 Justification of the Research
While a lot of attention has been directed toward implementation procedures in acquisition of
goods and services in public secondary schools, little has been done to establish the best
practices in compliance to procurement regulations public secondary schools in Kenya. This
study intends to investigate the factors influencing compliance of procurement regulations in
public secondary schools in Nyamache district. It is intended that the findings of this research
project may be useful to schools in Nyamache district in strengthening the acquisition,
implementation and integration of procurement practices in administration. The study will
also inform government policy with regard to designing changes to streamline the acquisition
of goods and services in educational institutions as set by the public procurement act of 2007
and Ministry of Education. The study also formed a basis on which academic researchers can
do further studies on compliance in public procurement in educational institutions.
1.6 Scope
This study dealt with the factors influencing compliance of the procurement regulations in
public secondary schools in Nyamache district. Nyamache district was selected because
public schools within the district are worst hit by the problem. This study concentrated on
three variables; professional ethics, staff‟s awareness and staff training/knowledge on
procurement procedures as factors deemed to influence compliance of public procurement
regulations in public secondary schools in Nyamache district. This study was conducted
through a descriptive survey research design. The study involved 47 public secondary schools
in Nyamache district. The target population included all the tendering committee members in
public secondary schools. Questionnaires and an interview schedule were used as instruments
to collect data.
1.7 Limitations of the study
A study of this magnitude cannot be possible without limitations. Some of the respondents
might not have been willing to reveal true information needed for the study. This was solved
through explanation of the benefit of the study to the respondents. Some of schools were
located in remote areas this hindered their accessibility. This was solved by sending the
questionnaires through the postal offices.
2.0 LITERATURE REVIEW
2.1 Theoretical Framework
As cited by Defee et al., (2010), good research should be grounded in theory (Mentzer et al.,
2008). In this study was be guided by institutional theory and socio-economic theory. The
institutional theory is the traditional approach that is used to examine elements of public
procurement (Obanda 2010). There is no single and universally agreed definition of
“institution” or “institutional theory”. According to Scott (2004), institutions are composed of
cultural-cognitive and regulative elements that, together with associated activities and
resources give meaning to life. The author explains the three pillars of institutions as
regulatory, normative and cultural cognitive. The regulatory pillar emphasizes the use of
rules, laws and sanctions as enforcement mechanism, with expedience as basis for
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compliance. The normative pillar refers to norms (how things should be done) and values (the
preferred or desirable), social obligation being the basis of compliance. The cultural-
cognitive pillar rests on shared understanding (common beliefs, symbols, shared
understanding).In Kenya, public procurement has is guided by the PPDA Act (2007),
regulations and guidelines which are from time to time issued by the PPDA Authority only
and which must complied with to the latter by all PPOA and providers.
Sutinen and Kuperan (1999) propounded the socio-economic theory of compliance by
integrating economic theory with theories from psychology and sociology to account for
moral obligation and social influence as determinants of individuals‟ decisions on
compliance. According to Lisa (2010) psychological perspectives provide a basis for the
success or failure of organizational compliance. Wilmshurst and Frost (2000) also add that
the legitimacy theory postulates that the organization is responsible to disclose its practices to
the stakeholders, especially to the public and justify its existence within the boundaries of
society. This theory, which focuses on the relationship and interaction between an
organization and the society, provides a sufficient and superior lens for understanding
government procurement system (Hui et al., 2011). From this theory, the perceived
legitimacy of public procurement rules has been identified as one of the antecedents of public
procurement compliance behavior.
2.1.1 The concept of Procurement
Procurement which as defined by the Software Engineering Institute (2008) at Carnegie
Mellon, is a set of activities performed as part of an acquisition effort. It involves process of
acquiring goods, works and services, covering both acquisitions from third parties and from
in-house provides. Public procurement is the acquisition by purchase, rental, lease, hire
purchase, license, tenancy franchise or any other contractual means of goods or services by
the government. (Telgen 1998).
It starts from the identification of needs to the end of service contract or end of useful life of
an asset. Darrel (2002) says the term procurement is used to describe the purchase of goods
and services which are no directly used in the main business of a company. For example a car
manufacturer will procure training courses for employees to attend in order to improve their
skills. However, thinking on procurement, other writers argues that, there are two sides, the
demand side (i.e. where there are users of products who have needs to procure) and the
supply-side which does the production and provision of goods and services to be supplied
(Ngogo 2008).
2.1.2 Public Procurement Systems and Practices across the World
Public procurement is broadly defined as the purchasing, hiring or obtaining by any other
contractual means of goods, construction works and services by the public sector. It is
alternatively defined as the purchase of commodities and contracting of construction works
and services if such acquisition is effected with resources from state budgets, local authority
budgets, state foundation funds, domestic loans or foreign loans guaranteed by the state,
foreign aid as well as revenue received from the economic activity of state. Public
procurement thus means procurement by a procuring entity using public funds (World Bank,
1995 as quoted by Kipchilat, 2006).
The importance of public procurement in terms of size relative to world GDP and world trade
is highlighted by an OECD report (OECD, 2001 quoted by Odhiambo and Kamau2003). In
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this report, the value of the contestable government procurement market was estimated at
over $2 000 billion in 1998. This is equivalent to 7 per cent of world GDP and 30 per cent of
world merchandise trade. In a related study, Trionfetti (2000) quoted by Odhiambo and
Kamau (2003) estimates that the size of public procurement varies between 5 and 8 per cent
of GDP in most industrialized countries. For Middle East and Africa, the magnitude of
central government purchases ranges between 9 and 13 per cent. Kipchilat (2006) quoting a
Comesa report (2004) noted that procurement absorbs 60 percent of government expenditure
and this means that accountability at all levels is important. These figures indicate that public
procurement is important in the economies of both developed and developing countries.
Public procurement has become an issue of public attention and debate in both developed and
developing countries, and has been subjected to reforms, restructuring, rules and regulations.
Public procurement refers to the acquisition of goods, services and works by a procuring
entity using public funds (World Bank, 1995a). According to Roodhooft and Abbeele (2006),
public bodies have always been big purchasers, dealing with huge budgets. Mahmood, (2010)
also reiterated that public procurement represents 18.42% of the world GDP.
Consequently, various countries both in developed and least developed countries have
instituted procurement reforms involving laws and regulations. The major obstacle however,
has been inadequate regulatory compliance. De Boer and Telgen (1998) confirm that non-
compliance problem affects not only the third world countries but also countries in the
European Union. This position is further supported by Gelderman et al., (2006) who contend
that compliance in public procurement is still a major issue.
Hui et al., (2011) while analyzing procurement issues in Malaysia established that
procurement officers were blamed for malpractice and non-compliance to the procurement
policies and procedures. Citing Yukl (1989), Gelderman et al., (2006) stipulate that
compliance occurs when the target performs a requested action, but is apathetic about it,
rather than enthusiastic, and puts in only a minimal or average effort. However, as an
organizational outcome, compliance has traditionally been understood as conformity or
obedience to regulations and legislation (Snell, 2004) cited in Lisa, (2010).
For instance in Uganda, a wave of procurement reforms that begun in 1997, culminated into
the enactment of the Public Procurement and Disposal of Public Assets (PPDA) Act 2003,
and regulations 2003. Unfortunately, many central government ministries and agencies have
since then not followed prescribed practices (Agaba & Shipman, 2007). The procurement
audits carried out by the PPDA have revealed that out of 322 contracts audited at the end of
2005, only 7 (2%) were assessed as compliant. Other successive audit checks reveal that
compliance in public procurement in Uganda is still inadequate (PPDA compliance reports,
2009; PPDA Baseline survey report, 2010; PPDA Capacity Building Strategy Report, 2011-
2014; World Bank Country Procurement Assessment Report, 2001) cited in Tukamuhabwa
B. R(2012).
2.1.3 The Developments Public Procurement System in Kenya
In the past three decades, the public procurement system in Kenya has undergone significant
developments. From being a system with no regulations in the 1960s to a system regulated by
Treasury Circulars in the 1970s, 1980s and 1990s, the introduction of the Procurement
Regulations of 2006 brought new standards for public procurement in Kenya. Many studies
were carried out on procurement before the Public procurement and Disposal Regulations of
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INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS
COPY RIGHT © 2013 Institute of Interdisciplinary Business Research
568
MAY 2013
VOL 5, NO 1
2006 to evaluate the efficiency of the procurement process in existence at the time,
(Kipchilat, 2006). The major findings of the studies were that public procurement was not
operating efficiently and that the state was losing a lot of money through shoddy deals.
2. 1.4 The Public Procurement Regulations of 2006
These regulations became effective on 1st January 2007 after the gazettement of the Public
Procurement and Disposal Regulations Act 2005. The purpose of this Act is to establish
procedures for procurement and the disposal of unserviceable, obsolete or surplus stores and
equipment by public entities to achieve efficient management of public funds. The act
contains eleven (11) parts. Part II of the Act deals with the establishment of bodies involved
in the regulation of public procurement, namely, The Public Procurement Oversight
Authority (PPOA), Public Procurement Oversight Advisory Board, and the Public
Procurement Administrative Review Board.
The PPOA is charged with ensuring procurement procedures are complied with, The Public
Procurement Oversight Board‟s functions include approving the PPOA‟s estimates of
revenue and expenses, and recommending appointment or termination of the Director
General. Part III of the Act deals with the internal organization of public entities as far as
procurement is concerned, for instance, requiring all public organizations to establish tender
committees of not less than 5 members whose secretary must be a fully qualified
professional. Part IV of the Act makes general provisions for procurement by public entities.
It highlights the requirement that each procurement entity shall use the open tendering under
Part V or alternative procurement procedure under Part VI.
The use of alternative procurement procedure is qualified; a public entity may only use
restricted tendering with written approval of its tender committee and with documented
reasons for doing so. All those that qualify for a tender award must have the requisite
professional qualifications, resources and equipment and the capacity to enter legal
agreements. The Part also deals with three aspects of policy; conflict of interest, non
discrimination and giving maximum business opportunities to small and micro enterprises.
This part also outlaws all forms of corruption in procurement; that is to say, payment for
goods and services which are not supplied; if supplied they are sub-standard, defective or
overpriced; purchase of goods in excess of requirements; over-invoicing by contractors;
giving bribes and disclosure of confidential information.
Part V makes provisions for preparation of tender documents, advertisement and invitation to
tender, tender securities, as well as opening of tenders. In addition, it provides for
responsiveness of tenders, evaluation, and notification of award, contracting and extension of
tender validity. Part VI deals with alternative procurement procedures. This part provides the
alternative methods of procurement as restrictive tendering, requests for proposals and
quotations, procedure for proposals and quotations, procedure for low value procurement and
concessioning. Part VII provides administrative review of procurement procedures. It
recognizes that any aggrieved party in a procurement process has a right to seek
administrative review of a tender award. Part IX provides for debarment from participating in
public procurement.
The Director General may, with approval of the Advisory Board, bar a person from
participating in procurement proceedings for up to 5 years. The grounds for such punishment
are the commission of an offence relating to breach of contract, giving false information
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about qualifications and refusal to enter into a written contract. Part X deals with the disposal
of stores and equipment by public entities. Part XI makes miscellaneous provisions for
example that defense and national security organs are required to comply with the Act. In
public secondary schools, procurement matters have been vested in the Schools Tender
Committee whose membership structure is the Deputy Principal who is the Chairman of the
Committee, the person in charge of finance (bursar), who will be the Deputy Chairman, at
least six Heads of Departments including the Matron, and the officer heading the
procurement unit who will be its secretary.
2.1.5 Effects of the public Procurement Regulations in Kenya
The Principal reason for the enactment of the Act was to have a legal regime that weeds out
inefficiencies in the procurement process, remove patterns of abuse, and the failure of the
public purchaser to obtain adequate value in return for the expenditure of public funds.
However, these objectives have never been fully achieved in practice, (Wanyama, 2010).
Wanyama notes further that key provisions of the Act and the Regulations are replete with
textual weaknesses that have often been abused by procuring entities. The Regulations do not
envisage contemporary market realities hence the need to continuously revise them to keep
pace with these developments.
In a study by the PPOA (2007), the introduction of the legal and regulatory procurement
framework; the establishment of the PPOA as an oversight body; the development of a
framework for contract administration and the new appeals mechanism were among those
aspects of the procurement system rated as having been positively affected by the
Regulations. In contrast, the existing institutional development capacity in procuring entities
and functioning of the procurement market were assessed as being among the weakest
aspects of the system. The report noted that although procedures supporting systematic
procurement planning have been established, research showed that these are far from always
being complied with.
It was found out, for example, that there was a low share of procurements that were done
through open tendering. This indicated that most of the procurements were done on an ad hoc
basis, by quotations and direct procurements, thus suggesting a lack of procurement planning
in most of the surveyed government departments. One of the strong points about the
Regulations according to the report by the PPOA was that procurement decision making had
been fully delegated. The Regulation‟s framework provides for a fully decentralized
procurement process, leaving the full responsibility of undertaking procurements to the tender
committees and the procurement unit at the level of the procuring entity.
The Regulations were also meant to ensure that efficient training had been offered to
professionals to serve in procurement. It was also revealed by the study by the PPOA that the
available expertise at the procurement units did not meet the need for specialized
procurement knowledge despite there being steps towards developing a professional
procurement workforce. The overall lack of procurement knowledge remains a major
weakness to the efficiency of procurement operations. Short-term procurement training was
also found to be in short supply, although it was noted that the PPOA is currently offering a
series of sensitization sessions targeting both the public and private sector. On lead time, it
was found out that the laws and procedures do not support timely procurement, contract
execution and payment. For example, there were no legal provisions, procedures and or
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guidelines on the time limits for appropriation of funds, the processing of invoices and
payments.
In a study by KPMG International carried out after the introduction of the Regulations, it was
still found out that public procurement still suffers from fraud and misconduct (KPMG,
2008). In yet another study by KACC, it was noted that public officials distort the
Regulations to restrict the participation of interested firms in procurement, or still direct the
outcome of others. In a survey of public institutions by the KACC in 2007 after the PPDR
had been implemented, it was revealed that procurement had become more transparent and
formal.
2.2 Conceptual Framework
According to Mugenda and Mugenda (2003), a conceptual framework refers to
conceptualization of the relationship between variables in the study and it is shown
diagrammatically. Apart from showing the direction of the study, through the conceptual
framework, the researcher is able to show the relationships of the different constructs that
researcher was to investigate.
e
Independent variables Dependent Variable
Fig 2-2 Conceptual Framework
2.2.1 Ethics and Compliance in Procurement Regulations
Dobler and Burt (1996) define a profession as: “a calling requiring specialized knowledge
and often long and intense preparation including instruction in skills and methods,
maintaining by force of organization or concerted opinion high standards of achievement and
conduct, and committing its members to continued study and to a kind of work to which has
for its prime purpose the rendering of a public service” This definition is echoed by Millerson
(1964) who lists the following essential features of a profession. A profession according to
Millerson has the following essential features; A skill based on theoretical knowledge; A skill
requiring training and education; the demonstration of competence by professional by passing
a test; maintenance of integrity by adherence to a code of conduct; service provided for the
public good and that the profession is organized.
Procurement Ethics
Compliance of Procurement
Regulations in Secondary Schools
Staff Training on Procurement
Procedures
Awareness with Procurement
Regulations`
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Procurement professionals need to acknowledge and devise strategies for managing all these
complex challenges. The professionals must be seen as champions of efficiency and
effectiveness and must acknowledge the challenges and their various forms, and their
sources. The requirements to educate professionals and equip them with new and higher-level
skills have consequently become urgent (Sauber et al., 2008). A skill is the ability either to
perform some specific behavioral task or the ability to perform some specific cognitive
process that is related to some particular task (Peterson and Van Fleet, 2004). However, Lan,
Riley and Cayer, (2005) report that finding, hiring and retaining dedicated, energetic, and
ethical employees with special skills is always hard. While we understand that
professionalism is a key mechanisms for, and primary targets of institutional change, the
precise role of professions and professional service firms in processes of institutional change
remain under-theorized (Hwang & Powell, 2009; Scott, 2008).
2.2.2 Training and Compliance on procurement regulations
According to a study by PPOA (2007) the procurement regulations were meant to ensure that
efficient training had been offered to professionals to serve in procurement. It was also
revealed by the study by the PPOA that the available expertise at the procurement units did
not meet the need for specialized procurement knowledge despite there being steps towards
developing a professional procurement workforce.
The overall lack of procurement knowledge remains a major weakness to the efficiency of
procurement operations. Short-term procurement training was also found to be in short
supply, although it was noted that the PPOA is currently offering a series of sensitization
sessions targeting both the public and private sector. On lead time, it was found out that the
laws and procedures do not support timely procurement, contract execution and payment. For
example, there were no legal provisions, procedures and or guidelines on the time limits for
appropriation of funds, the processing of invoices and payments (KACC 2007).
In a study by KPMG International carried out after the introduction of the Regulations, it was
still found out that public procurement still suffers from fraud and misconduct (KPMG,2008).
In yet another study by KACC, it was noted that public officials distort the Regulations to
restrict the participation of interested firms in procurement, or still direct the outcome of
others. In a survey of public institutions by the KACC in 2007 after the PPDR had been
implemented, it was revealed that procurement had become more transparent, formal and
clearer.
2.2.3 Staff’s awareness and Procurement Regulations
The procurement exercise follows steps according to the PPOA of 2007. These steps must be
observed in order to ensure that all the stakeholders involved in the procurement exercise
obtain fair treatment. The steps include; planning for the required procurement over a given
period, identifying the source of the items, highlighting specifications/initiation of
procurement, determination of procurement procedure, Sourcing (soliciting) offers,
evaluation of offers, post qualification, commencement of contract, contract performance
(delivery) and management, record keeping and accountability, payment and post contract
performance (PPOA, Act, 2007).
Many corporate board members in Africa, especially of state-owned companies, have limited
understanding of their roles, and are usually open to manipulation by management, chairmen,
or principal shareholders. Some are outright incompetent. Non-executive directors in Africa
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need to play any meaningful role in the ensuring compliance. However many simply act as
rubber stamps for decisions taken outside the board (Charles & Oludele, 2003). In this
perspective, compliance arises from a dynamic equilibrium between the various powers of
the state and understanding what their roles are (Fisher 2004). According to De Boer and
Telgen (1998) as quoted by Gelderman et al., (2006), one of the factors causes of non –
compliance with procurement regulations is the level of awareness with the procurement
regulations. De Boer and Telgen (1998). assert that during the early days of the inception of
public procurement regulations in The Netherlands, many municipalities could not comply to
the regulations because they were not familiar with them. Gelderman et al., (2006) confirmed
this position in a survey on compliance with EU procurement directives. On the other hand, it
is possible that those who are familiar with the regulations know it so well that they know
how to beat the loopholes to their advantage. It is worth noting that the ambiguity in the
public procurement procedures may provide a chance for dubious acts including tendering
and discriminate supplier selection which may progress into poor compliance levels.
According to Guy (2000), there are six dimensions though which we can judge the level of
institutionalization of any structure and its ability to adapt to change, including: autonomy,
complexity, coherence, congruence and exclusivity. Implementation of organizational
activities depends on the relationships between and within organizations.
2.3 Summary of Literature and Research Gaps
Whereas previous studies have always looked at compliance and non-compliance of public
procurement procedures not all factors have been dealt with within the institutions of learning
in Kenya. The aim of the Public Procurement Regulations of 2006 was to promote fairness,
transparency and nondiscrimination in procurement in public institutions with the main aim
of ensuring efficient use of public funds. However, studies reveal that even after the
enactment of the Regulations, there are losses of public funds that can be attributed to public
procurement. Further, studies indicate dissatisfaction among stakeholders brought about by
loopholes left by the Regulations which may be used by dishonest people to make the process
inefficient.
3.0 RESEARCH METHODOLOGY
3.1 Introduction
This section deals with the research design, target population, sample and sampling
procedures, data collection instruments ,validity and reliability of the instruments,
procedure for data collection , and data analysis techniques.
3.2 Research design
This study was conducted through a descriptive survey research design. According to
Mugenda, & Mugenda (2003) a descriptive survey is an attempt to collect data from
members of a population in order to determine the current status of that population with
respect to one or more variables. The design investigated the factors influenced compliance
on public procurement regulations in public secondary schools in Nyamache district.
Descriptive survey design was appropriate for study, as it allowed the researcher to use few
projects to explain the influence of professionalism/ethics, training and awareness in
compliance in public secondary schools in Nyamache district. Furthermore a descriptive
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survey research is suitable since it considers issues such as economy of the design, rapid
turnaround in data collection and it‟s suitable for extensive research.
3.3 Target population
These are the individuals to be studied (Mugenda&Mugenda,1999). The study involved 47
public secondary schools in Nyamache district. These comprised of all 423 tendering
committee members of public secondary schools in Nyamache district. The tendering
committee of each school consist of 9 members (deputy principal, head of procurement unit
and 6 heads of departments).
3.4 Sampling Frame
The sampling frame included the list of 47 public schools in Nyamache district. It also
consisted of tender committee members of the 47 schools in the county.
3.5 Sample Size and sample selection
According to Best and Kaln (1998), the ideal sample should be large number to serve as
adequate representatives of the population and small enough to be selected economically, that
is in terms of subject availability. In this research a sample was selected from 423 school
tender committee members. Stratified random sampling was used to stratify the 47 schools in
Nyamache district into three divisions; Nyacheki with 15 schools, Nyamache with 18 schools
and Kionyo with 14 schools. Simple random sampling was used to select 30% of the schools
in each of the three divisions (Nyamache 6, Nyacheki 5 and Kionyo 4) making a sample size
of 135 respondents. This sample size was appropriate according to Gay (1992), who states
that a sample of 10% of the large population is considered minimum while a sample of 20%
may be required for smaller populations.
3.6 Data collection instruments
As advanced by Warwick et al(1975), methods chosen for data collection should provide
high accuracy and convenience of obtaining data from the respondents . In this study, the
researcher used closed-ended and open-ended questions. Questionnaires were used as
instruments to collect data.
3.6.1 Questionnaires
The questionnaires was used to collect written information from literate respondents, and
those quite able to answer items adequately(Mugenda& Mugenda, 1999).In this study
questionnaires were used to collect information on compliance for procurement regulations in
public secondary schools in Nyamache district. The questionnaire, which contained both
closed and open ended questions, formed the main instrument for data collection.
3.6.2 Interview schedules
According to Mugenda & Mugenda (1999) an interview schedule is a set of questions that the
interviewer asks when interviewing. Open-ended interviews were carried out to supplement
the questionnaires. Interview schedules involved face to face meetings with the interviewees.
They were used to collect information from the tendering committee members.
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3.6.3 Validity of instruments
According to Borg and Gall (1989), validity is the degree to which a test measures what it
purports to measure. To enhance validity, the researcher exposed the instruments to experts in
research for judgment. The researcher also conducted a pilot study whereby inappropriate
questionnaire items were discarded, rephrased and or merged. The piloting was conducted in
Nyamache district, respondents from two schools not among the sampled was selected
randomly. The questionnaires were presented to the members of the school tendering
committee members.
3.6.4 Reliability of instruments
According to Mugenda and Mugenda (1999) reliability is a measure of the degree to which a
research instrument yields consistent results or data after repeated trials. Reliability in
research is influenced by random error, of which if it is high, reliability is low. To assess the
reliability of instruments, test-retest technique was used. The research instruments were
presented to the two schools selected for a pilot study the result was recorded, the same
instruments were presented to the same group after two weeks and the results for both tests
were correlated. The scores from the two testing periods were correlated and a reliability
index was found to be 0.875. Reliability index above 0.8 generally indicates good consistency
(Borg &Gall, 1989).
3.7 Data collection procedure
For the purpose of this research, and in order to achieve the objectives both primary and
secondary data was used. The secondary data contributed toward background information,
while primary data was collected by administering the research instruments after sought
permission from the relevant authority, mainly from the Ministry of Higher Education
(department of research) and letter of introduction from Jomo Kenyatta University of
Agriculture and Technology. The researcher had to assure the respondents‟ confidentiality of
the information given which enabled to fix date of data collection. The researcher
administered the questionnaire and conducted interviews schedules to the sampled
participants. The researcher gave adequate time to participants to respond to the
questionnaires.
3.8 Data Processing and Analysis presentation
The data was analyzed by using quantitative approach using descriptive statistics. The
responses that were received from the questionnaires and interview schedules conducted were
organized, tabulated and analyzed using simple frequencies and percentages. Data was
presented in descriptive form supported by means, tables, frequency distributions and
percentages. Researcher used likert scale as parameter to measure the variables. Care was
taken by the researcher to note the number of times view was expressed and the number of
respondents that expressed that view. This formed the basis for drawing conclusions.
4.0 RESULTS AND DISCUSSION
4.1 Introduction
This section presents analysis done in relation to the study objectives and research questions
in the first section of the paper under the topic; “Factors influencing compliance of public
procurement regulations in public secondary schools in Nyamache district”.
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The researcher prepared 135 copies of questionnaire for this study that were issued to 135
respondents. The response rate was 88.88 percent which is a good response rate that one can
depend on to make conclusion and recommendation. According to Hagger et al., (2003), the
researcher should strive to achieve a response rate of 50 percent, 60 percent or 75 percent.
And the non response was 11.11 percent as shown in table 4-1
Table 4-1: Showing Response Rate of Respondents
Response Frequency Percentage (%)
Actual Response 120 88.89
Non response 15 11.11
Total 135 100
4.2 Demographic Information
The researcher used four demographic items in the questionnaire; Age, gender, educational
qualification, marital status and work experience. The respondent‟s responses are as below.
4.2.1 Respondent’s Age
Table 4-2-1 shows that most respondents were in the age group 40-49 comprising 39.2
percent followed by age bracket of 50 and above with 30 percent , the age bracket 30-39 with
26.7 percent and 20-29 comprising 4.1percent this implies that most of the employees are
aged 50 years and below. This gave the implication that the majority were able with enough
experience in matters of [PPDA].
Table 4-2-1 Respondent‟s Age Bracket
Age Frequency Percentage (%)
20-29 5 4.1
30-39 32 26.7
40-49 47 39.2
50 and above 36 30
Total 120 100
4.2.2 Respondent’s genders Table 4-2-2 shows that majority of the respondents were male comprising 73.30 percent
while male were 26.66 percent this implies more males are employed than females.
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Table 4-2-2 Respondent Composition According to Gender
Gender Frequency Percentage (%)
Male 88 73.3
Female 32 26.66
Total 120 100
4.2.3 Respondent’s Educational Qualifications
Table 4-2-3 below shows that the level of education was as follows; none had a certificate,
15.83 percent of the respondents were diploma holders while majority of the respondents
were degree holders 75 percent with 15.8 percent being post graduates while 0.83 percent
were holding other qualification. This gave the implications that majority of tendering
committees that were learnt agrees with [PPDA].
Table 4-2-3 Respondent’s Educational Qualifications
Education Level Frequency Percentage (%)
Certificate 0 0.0
Diploma 10 15.83
Degree 90 75.0
Post Graduate 19 15.83
Others 1 0.83
Total 120 100
.4.2.4 Respondent’s Work Experience
Table 4-2-4 shows the number of years the respondents have worked for the school, 41.7
percent have worked there for below 5 years, 40 percent have worked for the organization
between 5 and 0 years and 19.2 percent have worked for the ministry between 11 and 15
years while 5.8 percent of the respondents have worked for the school above 15 years.
Concurring with PPDR which included public secondary schools among the institutions
whose procurement systems were to be regulated by the Regulations. The Public
Procurement and Disposal Act granted teachers and subordinate staff the power to control the
tendering and procurement process in public schools by setting of Tendering Committees to
oversee the whole process of procurement. This was also aimed at decentralizing the
procurement process which was a preserve of Principals for a long time.
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Table 4-2-4 Respondent’s Work Experience
Number of Years Worked Frequency Percentage (%)
Below five years 50 41.7
Between 5 and 10 years 40 33.3
Between 11 and 15 years 23 19.2
Above 15 years 7 5.8
Total 120 100.00
4.3 Ethics on Compliance of Procurement Regulations
The respondents were asked to answer questions on the influence of ethics on compliance of
procurement regulations in public secondary schools using 7 items in the questionnaire as
shown below.
4.3.1 Findings on how Purchase Requisitions are handled as per the regulations
Table 4-3-1 shows that 4.2 percent strongly agree there is handling of requisition as per the
procurement regulations while 30 percent agree that requisitions are handled following the
regulations, 25 are not sure whether requisition are handled as per the regulations while 35
percent disagrees with 30 strongly disagreeing this means that purchase requisitions are not
handled as per the procurement regulations. The results agree with a study by KACC, which
noted that public officials distort the Regulations to restrict the participation of interested
firms in procurement, or still direct the outcome of others and are as shown in table 4-3-1.
Table 4-3-1: Respondent’s on whether Purchase Requisitions are handled as Per the
Regulations
Response Frequency Percentage %
Strongly Agree 5 4.2
Agree 30 25
Undecided 25 20.8
Disagree 35 29.2
Strongly Disagree 30 25
Total 120 100
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4.3.2: Response on Whether the PPDA Procedures are followed in Schools
Table 4-3-2 indicates that 12.5 percent strongly agree that PPDA procedure are followed 16.7
percent agree that PPDA procedures are followed 20.8 percent are not sure whether PPDA
procedure is adhered to with 40 percent disagreeing that PPDA procedures are followed
while 18.3 strongly disagreeing with the statement this implies that PPDA procedures are
followed. This agrees with Gelderman et al., (2006) stipulate that compliance occurs when
the target performs a requested action, but is apathetic about it, rather than enthusiastic, and
puts in only a minimal or average effort.
Table 4.-3-2: Response on Whether the PPDA Procedures are followed in Schools
Response Frequency Percentage %
Strongly Agree 15 12.5
Agree 20 16.7
Undecided 25 20.8
Disagree 48 40
Strongly Disagree 22 18.30
Total 120 100.00
4.3.3 Response on whether the procurement regulations followed help in procuring of
quality goods and services
Table 4-3-3 shows that 9.2 percent of the respondents strongly agree that goods and services
procured are of quality, 12.5 percent also agree that the goods and services procured are of
quality while 11.7 percent are undecided 45.8 percent of the respondents disagree goods
procured are of quality while 18.3 percent strongly disagree. Most employee‟s think that
goods and services are being procured are of quality because of the PPDA procedure‟s put in
place, this implies that products procured are of quality.
Table 4-3-3 Responses on whether the procurement regulations followed help in
procuring of quality goods and services
Response Frequency Percentage %
Strongly Agree 11 9.20
Agree 15 12.50
Undecided 14 11.70
Disagree 55 45.00
Strongly Disagree 25 20.8
Total 120 100.00
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4.3.4 Response on whether weak enforcement measures of procurement law contribute
to unethical practices
According to the results of table 4-3-4 below, 29.2 percent of the respondents thought that
weak enforcement measure of the law contributed to unethical practices with 33.3 percent
agreeing while 4.2 percent were undecided 12.5 percent disagreed and 16.7 percent strongly
disagreed this indicates that weak enforcement measures of the law contributes to unethical
practices. KPMG International carried out after the introduction of the Regulations, it was
still found out that public procurement still suffers from fraud and misconduct, This with
(KPMG,2008). And study by KACC, also noted that public officials distort the Regulations
to restrict the participation of interested firms in procurement, or still direct the outcome of
others.
Table 4-3-4 Response on whether weak enforcement measures of procurement law
contribute to unethical practices in public secondary schools
Response Frequency Percentage %
Strongly Agree 35 29.20
Agree 40 33.30
Undecided 5 4.20
Disagree 15 12.50
Strongly Disagree 25 20.80
Total 120 100.00
4.3.5 Response on whether moral degradation in the society cause unethical conduct
among school tendering committee members
Results from table 4-3-5 below shows that 34.2 percent of the population strongly agreed that
moral degradation in the society causes unethical conduct with 28.3 percent agreeing while
8.3 percent were not sure with 12.5 percent disagreeing that moral degradation in society
causes unethical conduct and 16.7 percent strongly disagreed this means that the respondents
agree that moral degradation of the society contributes to unethical conduct. This agrees with
Lan, Riley and Cayer, (2005) report that finding, hiring and retaining dedicated, energetic,
and ethical employees with special skills is always hard.
Table 4-3-5 Response on whether moral degradation in the society cause unethical
conduct among school tendering committee members
Response Frequency Percentage %
Strongly Agree 41 34.20
Agree 34 28.30
Undecided 10 8.30
Disagree 15 12.50
Strongly Disagree 20 16.70
Total 120 100.00
4.3.6 Response on whether unethical practice bidder contributes to non-compliance to
procurement regulations in your school
According to the results in table 4-3-6 below, 38.3 percent of the respondents strongly agreed
that unethical practice of bidder contributes to unethical practice of employees with 26.7
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percent also agreeing while 7.5 percent were undecided. 13.3 percent disagreed that unethical
practice of leader contributes to unethical practice of employees while 15.0 percent strongly
disagreed this gives the implication that conduct of bidder can affect the conduct of school
tendering committee.
Table 4-3-6 Response on whether unethical practice bidder contributes to non-
compliance to procurement regulations in your school
Response Frequency Percentage %
Strongly Agree 41 34.20
Agree 34 28.30
Undecided 10 8.30
Disagree 15 12.50
Strongly Disagree 20 16.70
Total 120 100.00
4.3.7 Responses on whether schools have ever handled cases of un-ethical practice in
procurement of goods and services
According the results shown in table 4-3-7 below, 79.2 percent of the respondents indicated
that they have handled a case of un-ethical practice in their schools while 28.8 indicated that
they have not handled such cases. Some of unethical practices cited by the respondents
include corruption, favoritism, fraud, extortion and sexual harassment, bribery with the
respondents citing greed, low payment, and lack of effective reporting system as the main
causes of unethical practices. This is in line with a study by KACC (2007) that public
officials distort the Regulations to restrict the participation of interested firms in procurement,
or still direct the outcome of others.
Table 4-3-7 Responses on whether schools have ever handled cases of un-ethical practice
in procurement of goods and services
Responses Frequency Percentage (%)
Yes 95 79.2
No 25 20.8
Total 120 100.0
4.4 Influence of Awareness on Compliance of Procurement Regulations
The respondents were asked to answer questions on the influence of awareness on
compliance of procurement regulations in public secondary schools using 6 items in the
questionnaire as shown below.
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4.4.1 Response on whether awareness level relates to compliance of procurement
regulations in secondary schools
According the results shown in table 4-4-1 below, 79.2 percent of the respondents indicated
that there awareness levels relates to compliance of procurement regulations in secondary
schools while 28.8 indicated that they do not relate. This result agrees with a study by De
Boer and Telgen (1998) that during the early days of the inception of public procurement
regulations in The Netherlands, many municipalities could not comply to the regulations
because they were not familiar with them.
Table 4-4-1. Response on whether awareness level and compliance in procurement
regulations in secondary schools
Responses Frequency Percentage (%)
Yes 95 79.2
No 25 28.8
Total 120 100.0
4.4.2 Response on whether there are guidelines to support the procurement from the
ministry of education
The respondents were asked to state whether there are any guidelines to support the
procurement process from the ministry of education, 70.8 percent of the respondents
indicated that there are guidelines to support the procurement process, 8.4 percent of
respondents indicated that there are no guidelines and 20.8 percent of the respondents were
undecided. The results are as shown by the PPOA (2007), the introduction of the legal and
regulatory procurement framework; the establishment of the PPOA as an oversight body; the
development of a framework for contract administration and the new appeals mechanism
were among those aspects of the procurement system rated as having been positively affected
by the Regulations. The major obstacle however, has been inadequate regulatory compliance.
This is in line with De Boer and Telgen (1998) who confirms that non-compliance problem
affects not only the third world countries but also countries in the European Union. As shown
in table 4-4-2.
Table 4-4-2 Response on guidelines to support the procurement process from the
ministry of education
Response Frequency Percentage
There is a guideline 85 70.8
No guideline 10 8.4
Undecided 25 20.8
Total 120 100.0
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4.4.3 Knowledge of procurement rules and regulations contributes to non-compliance of
procurement regulations in schools According to the results in table 4-4-3 below, 14.2 percent of the respondents strongly agreed
that the knowledge of procurement rules contributes to compliance of procurement
regulations in secondary schools with 6.7 percent also agreeing while 8.3 percent were
undecided. 41.7 percent disagreed while 29.2 percent strongly disagreed this gives the
implication that knowledge of procurement regulations can affect the compliance in school
tendering committees. The results agree with Hui et al., (2011) while analyzing procurement
issues in Malaysia established that procurement officers were blamed for malpractice and
non-compliance to the procurement policies and procedures which are as shown in table 4-4-
3.
Table 4-4-3 Response on knowledge of procurement rules and regulations contributes to
non-compliance of procurement regulations in schools
Response Frequency Percentage %
Strongly Agree 17 14.20
Agree 8 6.70
Undecided 10 8.30
Disagree 50 41.70
Strongly Disagree 35 29.20
Total 120 100.00
4.4.4 Response on whether the suppliers meet the schools specifications of quality
products
According to the results in table 4-4-4 below, 12.5 percent of the respondents strongly agreed
that the suppliers meet the schools‟ specification of quality products with 8.3 percent also
agreeing while 6.7 percent were undecided, 29.2 percent disagreed while 35 percent strongly
disagreed this gives the implication that majority of suppliers do not meet the schools‟
specifications of quality of products. The results agreed with PPOA. The results are as shown
in table 4-4-4.
Table 4-4-4 Response on whether the suppliers meet the schools’ specifications of
quality products
Response Frequency Percentage %
Strongly Agree 15 12.5
Agree 10 8.3
Undecided 08 6.7
Disagree 35 29.2
Strongly Disagree 42 35
Total 120 100
4.4.5 Response on whether the members of the tendering committee are familiar with
the procurement procedures and regulations
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According to the results in table 4-4-5 below, 10 percent of the respondents strongly agreed
that the members of the tendering committee are familiar with the procurement procedures
and regulations with 26.7 percent also agreeing while 12.5 percent were undecided, 40
percent disagreed while 10.8 percent strongly disagreed this gives the implication that
majority of the members of tendering committee are not familiar with the procurement
procedures and regulations. This findings concur with Lan, Riley and Cayer, (2005) that
hiring and retaining dedicated, energetic, and ethical employees with special skills is always
hard.
Table 4-4-5 Response on whether the members of the tendering committee are familiar
with the procurement procedures and regulations
Response Frequency Percentage %
Strongly Agree 12 10
Agree 32 26.7
Undecided 15 4.5
Disagree 48 40
Strongly Disagree 13 10.8
Total 120 100
4.4.6 Response on steps followed in schools on procurement of goods and services
According the results shown in table 4.3.6 below, 25 percent of the respondents indicated that
procurement of goods and services is through local shopping, while 58.3 percent indicated
that the process is through competitive bidding, 12.5 of the respondents were undecided and
4.16 percent indicated others. It concurs with [PPDA].The results are as shown in table 4-4-6.
Table 4-4-6 Response on steps followed in schools on procurement of goods and services
Response Frequency Percentage (%)
Local Shopping 30 25
Competitive bidding 70 58.3
Undecided 15 12.5
Others 05 4.16
Total 120 100
4.5 The influence of Training on Compliance to Procurement regulations and
procedures in public secondary schools
The researcher sought to establish the influence of training on compliance to procurement
regulations and procedures in secondary schools. Using fives items in the questionnaires and
the respondent‟s responses are as shown in tables below.
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4.5.1 Responses on whether tendering committee members have ever attended
procurement training workshops/seminar held in the district or the school
The respondents were asked to state whether they have ever attended procurement training
workshops/seminars in their districts or schools, 12.5 percent of the respondents indicated
that they have attended while 87.5 percent indicated that they have never attended. The
results are as shown in table 4-5-1.this gave implication that the majority 87,5 percent have
not attended procurement training workshops contribute to non-compliance to procurement
regulation.
Table 4-5-1 Responses on whether tendering committee members have ever attended
procurement training workshops/seminar held in the district or the school
Responses Frequency Percentage (%)
Yes 15 12.5
No 105 87.5
Total 120 100.0
4.5.2 Response on the number of times they have attended the procurement training
workshops/seminars
The respondents were asked to state the number of times they have attended procurement
training workshops and seminars. 50 percent of the respondents indicated that they have
never attended the procurement training workshops/seminar, 25 percent indicated that they
have attended once while 16.6 percent indicated to have attended 2-5 times and 8.4 percent
indicated to have attended more than five times. This agrees with Lan, Riley and Cayer,
(2005) that hiring and retaining dedicated, energetic, and ethical employees with special skills
is always hard.
Table 4-5-2 Response on the number of times they have attended the procurement
training workshops/seminars
Response Frequency Percentage
Never 60 50
Once 30 25
2-5 times 20 16.6
More than five 10 8.4
Total 120 100
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4.5.3 Response on whether the training/capacity building programmers’ attended meet
the school needs on procurement procedures
The study sought to establish whether training/capacity building programmer attended meet
the school needs on procurement procedures. 4.2 percent of the respondents strongly agreed
that training/capacity building programmers attended meet the school‟s needs on procedures
with 12.5 percent of the respondents agreeing while 4.2 percent were undecided, 50 percent
disagreed and 29.1 percent of the respondents disagreed. This result concurs with PPOA
(2007) that the available expertise at the procurement units did not meet the need for
specialized procurement knowledge despite there being steps towards developing a
professional procurement workforce.
Table 4-5-3 Responses on whether the training/capacity building programmer attended
meet the school needs on procurement procedures
Response Frequency Percentage %
Strongly Agree 05 4.2
Agree 15 12.5
Undecided 05 4.2
Disagree 60 50
Strongly Disagree 35 29.1
Total 120 100
4.5.4 Responses on whether inadequate training on procurement procedures has
contributed to non-compliance in procurement regulations in schools
The study sought to establish whether inadequate training on procurement procedures has
contributed to non-compliance in procurement regulations in schools. 35 percent of the
respondents strongly agreed that inadequate training contributes to non-compliance in
procurement regulations in schools with 31.7 percent of the respondents agreeing while 12.5
percent were undecided, 15 percent disagreed and 25.8 percent of the respondents strongly
disagreed. The majority 66.7 percent agrees that inadequate training contributed to non-
compliance in procurement regulation .The result is as shown in table 4-5-4.
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Table 4-5-4 Responses on whether inadequate training on procurement procedures has
contributed to non-compliance in procurement regulations in schools
Response Frequency Percentage %
Strongly Agree 42 35
Agree 38 31.7
Undecided 15 12.5
Disagree 18 15
Strongly Disagree 07 5.8
Total 120 100
4.5.5 Suggestions to the improvement of the procurement procedures and regulations in
public secondary Schools
The study sought the suggestions on how to improve the procurement procedures and
regulations. The responses are as shown in table 4-5-5.
Table 4-5-5 Suggestions to the improvement of the procurement procedures and
regulations in public secondary Schools
Suggestions Frequency Percentage (%)
Improve the effects of compliance on quality of
goods and services.
90 75
Improving the challenges facing the enforcement of
public procurement regulations in public secondary
schools
79 68.8
Enhance transparency and accountability 100 83.3
Improve the challenges facing e-procurement in
secondary school
110 91.7
Table 4-5-5, shows that 75 percent of the respondents suggested that the procurement
guidelines should be followed, 68.8 percent suggested that information sharing and
dissemination be improved, 83.3 percent suggested the need for transparency and
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accountability in procurement, 91.7 percent suggested the need to enhance training/capacity
building and resources to committee members, 41.7 percent suggested the need to sensitize
the stakeholders on public procurement regulations and 70.8 percent suggested the need to
enhance professional ethics among school tendering committee members and school
suppliers which agrees with De Boer and Telgen (1998) as quoted by Gelderman et al.,
(2006), one of the factors causes of non – compliance with procurement regulations is the
level of awareness with the procurement regulations. De Boer and Telgen (1998) assert that
during the early days of the inception of public procurement regulations in The Netherlands,
many municipalities could not comply to the regulations because they were not familiar with
them.
5.0 SUMMARY, CONCLUSIONS AND RECOMMENDATIONS
5.1 Introduction
Under this section, the researchers summarizes the findings, concludes and recommends as
per the study objectives and the research questions in chapter one. From the study the
following were the level of compliance; 70.8 percent of the respondents indicated that there
are guidelines to support the procurement process, and 58-3 percent indicated that the steps
followed in schools on procurement of goods and services was through a competitive
bidding.
5.2 Summary
The study was conducted to find out the factors influencing compliance of procurement
regulations in public secondary schools in Nyamache district. The study involved 47 public
secondary schools in Nyamache district. These comprised of all 423 tendering committee
members of public secondary schools in Nyamache district. The tendering committee of each
school consists of 9 members (deputy principal, head of procurement unit and 6 heads of
departments). This study was guided by the following specific objectives;
1. To establish the influence of ethics on compliance of procurement regulations public
secondary in Nyamache district.
2. To evaluate the influence of level of awareness on compliance of procurement regulations
and procedures in public secondary schools in Nyamache district.
3. To investigate the contribution of staff training on compliance of public procurement in
public secondary schools in Nyamache district.
5.2.1 The influence of ethics on compliance of procurement regulations in public
secondary schools
The findings revealed that ethics and procurement are closely related and that weak
enforcement of procurement laws has contributed to the unethical practices in public
secondary schools in Nyamache district. Also moral degradation, inadequate/low pay and un-
ethical practice of bidder has been cited as the major contributing factors of non-compliance
to procurement regulations in public secondary schools.
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Some of unethical practices cited by the respondents include corruption, favoritism, fraud,
extortion and sexual harassment, bribery with the respondents citing greed, low payment, and
lack of effective reporting system as the main causes of unethical practices.
5.2.3 The influence of awareness on compliance of procurement regulations and
procedures in public secondary schools
The findings revealed that awareness and procurement regulations are closely related and
most of the public schools have guidelines to support the procurement processes from the
ministry of education however majority of the tendering committee members lack or have
little knowledge (awareness) of the procurement regulations and procedures this has
contributed to non-compliance in public secondary schools in Nyamache district. The
findings also revealed that majority of the suppliers do not meet the schools‟ specifications of
quality products. Majority of public schools embrace competitive bidding in procurement of
goods and services however the process is marred with un-ethical practices such as
corruption, favoritism, fraud, extortion and sexual harassment, bribery and lack of effective
reporting system in selection and awarding of tenders to suppliers.
5.2.4 The Influence of Tendering Committees’ Training on Compliance of Procurement
Regulations in Public Secondary Schools
The findings revealed that majority of the tendering committee members have not attended
any procurement training workshops/seminars. The training/capacity building programmer
attended by committee members do not meet the schools‟ needs on the procurement
procedures. The findings also revealed that inadequate training of tendering committee
members on procurement procedures has contributed to non-compliance of procurement
regulations in public secondary schools.
Other factors discovered in the course of the study included; the effects of compliance on
quality of goods and services procured in public secondary schools, challenges facing the
enforcement of public procurement regulations in public secondary schools and challenges
facing e- procurement in public secondary schools.
5.3 Conclusion
From the above findings it was concluded that ethics, awareness and training influences the
compliances of procurement regulations in public secondary schools. The study
acknowledges the importance of ethics, awareness and training in compliance to procurement
procedures and regulations however; a lot needs to be done to improve ethical conduct,
knowledge of employees on procurement regulations and training because failure to comply
with the regulations school tendering committees and suppliers can lead to major losses for
the government funds. The suppliers to the schools also induce unethical practices like
corrupting the school tendering committee members and therefore strong enforcements of
laws should be implemented. The other factors discovered in field included; improve the
effects of compliance on quality of goods and services. The following new valuables found in
the course of collecting data: Improving the challenges facing the enforcement of public
procurement regulations in public secondary schools. Enhance transparency and
accountability. Improve the challenges facing e-procurement in secondary school.
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5.4 Recommendation As a result of these study findings, the researcher put forward the following
recommendations: It is important to offer ethics education to school tendering committee
members in order to ensure they serve in ultimate objectivity, accountability, and non
discrimination. The organization code of ethics should be well put in place and adhered to; in
order to guide the daily operations of school tendering committee and to provide them with
guiding principles. The school should train tendering committee, suppliers / bidders on the
proper procurement procedures and practices so as to create consistency and to reduce cost.
The PPDA should consistently evaluate and audit performance of schools tendering
committees so as to ensure purchases made are in compliance with the law of procurement.
5.5 Areas for further research
Further research should be undertaken on the following areas: effects of compliance on
quality of goods and services procured in public secondary schools, challenges facing the
enforcement of public procurement regulations in public secondary and challenges facing e-
procurement in public secondary schools.
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