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Accepted Paper:
Effective corruption control: implementing review mechanisms in public procurement in Kenya, Tanzania and Uganda
Annika Engelbert
(Ruhr-Universität Bochum)
Nina-Annette Reit
(Ruhr-Universität Bochum)
Paper short abstract:
Public procurement is highly prone to corruption; review mechanisms contribute to an effective control of procurement activities. This paper will analyze the legal framework of review systems in Kenya, Tanzania and Uganda, their implementation and eligibility to curb corruption.
Paper long abstract:
Curbing corruption in public administration has become one of the major goals in development cooperation. Public procurement is highly affected by corrupt behavior due to its administrative complexity, financial volumes and close interaction between the public and the private sphere. Most partner countries have consequently reviewed and adapted their procurement systems according to the requirements of corruption control.
Administrative and judicial review processes are primarily meant to control the compliance of procurement procedures with legal frameworks. Their preventive effect lies in the contracting parties´ awareness that procedures can be monitored ex-post by (independent) authorities; therefore review processes can strengthen general public trust in a reliable and impartial public sector. Furthermore, the use of legal remedy by bidders can initiate in-depth investigations in case of suspicion of corruption. Compared to external monitoring bodies, bidders have an informational advantage on deviations from standard procurement processes due to their immediate involvement. Judicial review, in addition to the effects of the administrative review system, is crucial because it complies with the principles of checks and balances and creates an enduring process of establishing principles developed by judiciary.
The study will compare the public procurement review systems in Kenya, Tanzania and Uganda with regard to their capacity to work as anti-corruption tool. A special focus will be laid on the issues of independence, accessibility and efficiency. To get further insights on the actual implementation, findings of expert interviews with review boards, oversight authorities, bidders and other stakeholders involved in recent review proceedings will be presented.
Acting in the name of the state: practices, practical norms and the law in books
Session 1