University of Dar es Salaam School of Law

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Browsing University of Dar es Salaam School of Law by Author "Ayieko, Christopher Ezra"

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    A critical analysis of the EAC common market protocol on realization of free public procurement competition within the community: the case of Kenya.
    (University of Dar es Salaam, 2018) Ayieko, Christopher Ezra
    Public procurement within East African Community continue to gain momentum for discussion by various scholars and legal practitioners across the Community. In order to ensure free competition within the Community, Article 35 of the Protocol on the Establishment of the East African Common Market obligates the Partner States to ensure that there is no discrimination based on nationality. It is however important to note that Partner States still apply their domestic laws in the area of public procurement as there is no legislation nor policy in place to guide public procurement within the Community. Partner States continue to implement their public procurement laws in total disregard of the provisions of the Protocol which are aimed at promoting free competition within the community. It is necessary for the Partner States to approximate their laws on public procurement and also to put in place a mechanism on the realization of free competition in public procurement within the Community. This will ensure that Partner States fully comply with the provision of non-discrimination based on nationality. The Community ought to learn from the European Union which has in place a directive on public procurement applicable within the Union. The EU also has established a Commission which deals will all relevant issues pertaining to public procurement. Some of these best practices from the EU will enable the Community to realize full implementation of the provisions on free competition and benefit from the advantages of having free competition in public procurement within the Community.