You finally chose a legal entity, registered/incorporated it and got your approvals. Your business is ready to trade with the government of Kenya (and the rest of the world). Not quite.

In a bid to level the playing field, the law was amended in 2013 to facilitate the participation of women, youth and persons with disability in government procurement. According to regulation 6 of the Public Procurement and Disposal Preference and Reservations Amendment Regulations, 2013, a procuring entity shall allocate at least thirty percent of its procurement expenditure for the purposes procuring goods, works and services from micro and small enterprises in which the majority of members or shareholders comprise the category of “disadvantaged groups”. For the purpose of implementing the above, the procuring entity shall implement the requirement through its budgets, procurement plans, tender notices, contract awards and submit quarterly reports to the authority as defined under the Public Procurement and Asset Disposal Act, 2015 (the Act). Where do you start as a business owner?

Step 1. Evaluate whether you/your business fall within the disadvantaged group

Under the Act, disadvantaged group refers to persons denied by mainstream society access to resources and tools that are useful for their survival in a way that disadvantages them or individuals who have been subjected to prejudice or cultural bias because of their identities as members of groups or categories of persons without regard to their individual qualities, and includes enterprises in which a majority of the members or shareholders are youth, women, persons with disability or categories as shall be prescribed.

Step 2. Account creation and required documents
Create and activate your new account on the relevant access portal, and upload your business documents in the required documents section. If you’re in the construction industry, obtain and upload the National Construction Authority Certificate.

Step 3. AGPO Certificate Collection
Collect your Hard Copy Certificate in 1/2 business days from our trusted government agents. You can now apply for government tenders and make the profits rain.

How Legal Answers Consulting can assist:
LAC can support businesses by advising on the legal advantages and disadvantages and necessity or otherwise of obtaining Access to Government Procurement Opportunities Certification for your business. We also process the same at no extra cost to our clients who incorporate subsidiaries in Kenya through us or seek our assistance in local market entry and penetration. Please do not hesitate to reach out by e-mail to legal@legalconsulting.pro or to your usual contact at Legal Answers Consulting for any further questions you may have.