High Court Blocks Mandatory e-Procurement in Kenya.

In a dramatic judicial intervention, the High Court has issued a temporary injunction halting the government’s ambitious drive to make the Electronic Government Procurement (e-GP) system the only avenue for public tenders.

Justice Bahati Mwamuye has delivered a decisive ruling, suspending a controversial circular that had forced all state and county entities to adopt the e-GP platform exclusively. The court’s conservatory order restores the legal right for procurement to be conducted either electronically or manually, as enshrined in Section 77(1) of the Public Procurement and Disposal Act.

The order demands that both digital and paper submissions be treated equally, forbidding authorities from favoring one over the other—unless the Supreme Court launches a full hearing before the order expires. The freeze remains in effect until October 15, 2025.

This comes less than two weeks after Treasury’s Cabinet Secretary rushed to enforce the digital regime, warning that no procurement would proceed without migrating to the e-GP system.

Now, Kenya’s procurement landscape stands at a crossroads. Departments and counties must navigate a suspended rollout amid mounting confusion and legal uncertainty. With the directive now overturned—and both modes of tendering officially back in play—public procurement has entered an unpredictable and urgent phase.