Government Contracts Act

LAWS OF KENYA
THE GOVERNMENT CONTRACTS ACT
CAP. 25
Revised and published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

Kenya
Government Contracts Act
Cap. 25
Legislation as at 31 December 2022
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• NC: Only noncommercial uses of the work are permitted.
• SA: Adaptations must be shared under the same terms.
Share widely and freely.

Government Contracts Act (Cap. 25)
Contents
1. Short title ........................................................................................................................................................................................................... 1
2. Contracts made in Kenya for the Government ..................................................................................................................................... 1
3. Contracts made outside Kenya for the Government .......................................................................................................................... 1
4. No other contracts to be deemed Government contracts ................................................................................................................ 1
5. Validation of contracts entered into before the commencement of this Act ............................................................................ 1
6. Limitation of personal liability of public officers ............................................................................................................................... 2
7.

f public officers ............................................................................................................................... 2
7.

Form of authorisation .................................................................................................................................................................................... 2
8. [Deleted by Act No. 3 of 2005, 4th Sch.] .............................................................................................................................................. 2
9. Non-application ............................................................................................................................................................................................... 2
FIRST SCHEDULE [s. 7] ...................................................................................................................................................................................... 2
SECOND SCHEDULE ............................................................................................................................................................................................ 3

.................................................................................................................................................... 3

Government Contracts Act (Cap. 25) Kenya
GOVERNMENT CONTRACTS ACT
CAP. 25
Assented to on 17 December 1956
Commenced on 1 July 1957
[Amended by Kenya (Amendment of Laws) (Miscellaneous Amendments)
(No. 2) Regulations, 1963 (Legal Notice 604 of 1963) on 1 June 1963]
[Amended by Kenya (Amendment of Laws) (Written Laws)
Order, 1963 (Legal Notice 2 of 1963) on 12 December 1963]
[Amended by Kenya (Amendment of Laws) (Miscellaneous Amendments)
(No.7) Order, 1964 (Legal Notice 374 of 1964) on 12 December 1963]
[Amended by Finance Act, 1978 (Act No. 8 of 1978) on 16 June 1978]
[Amended by Statute Law (Miscellaneous Amendments) (Act No. 6 of 1979) on 11 May 1979]
[Amended by Government Contracts (Amendment of Specified
Amount) Order, 2005 (Legal Notice 66 of 2005) on 24 June 2005]
[Amended by Public Procurement and Disposal Act, 2003 (Act No. 3 of 2005) on 1 January 2007]
[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
An Act of Parliament to provide for the making of contracts on behalf of the Government and for matters
connected therewith
1. Short title
This Act may be cited as the Government Contracts Act. 2.

of contracts on behalf of the Government and for matters
connected therewith
1. Short title
This Act may be cited as the Government Contracts Act. 2.

Contracts made in Kenya for the Government
Subject to the provisions of any other written law, any contract made in the Colony on behalf of the
Government shall, if reduced to writing, be made in the name of the Government of the Colony and
Protectorate of Kenya, and shall be signed either by the accounting officer or by the receiver of revenue of
the Ministry or for the department of the Government concerned, or by any public officer duly authorised
in writing by such accounting officer or receiver of revenue, either specially in any particular case or
generally for any contracts below a specified value in his department or otherwise as may be specified in
such authorisation. 3. Contracts made outside Kenya for the Government
Any contract made for the Government outside Kenya by a person either generally or specially authorized
in writing in that behalf by the Cabinet Secretary shall, so far as the same comes within the jurisdiction of
the courts of Kenya, be deemed to be a contract made on behalf of the Government. [L.N. 604/1963, L.N. 374/1964.]
4.

comes within the jurisdiction of
the courts of Kenya, be deemed to be a contract made on behalf of the Government. [L.N. 604/1963, L.N. 374/1964.]
4.

No other contracts to be deemed Government contracts
No contract made after the commencement of this Act shall, unless made in the manner hereinbefore
provided, be deemed to be made by the authority of the Government. 5. Validation of contracts entered into before the commencement of this Act
Any contract entered into in good faith for the public service of the Government before the
commencement of this Act, and purporting to be made on behalf of the Government—
(a) in the Colony, by any public officer; or
1

Government before the
commencement of this Act, and purporting to be made on behalf of the Government—
(a) in the Colony, by any public officer; or
1

Government Contracts Act (Cap. 25) Kenya
(b) in the United Kingdom, by the Secretary of State or by the Crown Agents; or
(c) elsewhere outside Kenya, by any person either generally or specially authorised in writing in that
behalf by the Cabinet Secretary, shall be deemed to be a contract duly entered into on behalf of the
Government. [L.N. 604/1963.]
6. Limitation of personal liability of public officers
(1) No public officer shall be liable to be sued personally upon any contract which he makes in that
capacity; but a public officer shall be personally liable if he expressly pledges his personal credit or
if he contracts otherwise than as the agent of the Government. (2) No public officer acting on behalf of the Government shall be liable to be sued for breach of an
implied warranty of his authority to enter into any contract. 7. Form of authorisation
Any authorisation given under section 2 of this Act shall be in the appropriate form set out in the First
Schedule to this Act. 8. [Deleted by Act No. 3 of 2005, 4th Sch.]
9. Non-application
For the avoidance of doubt it is declared that agreements made or other instruments given under the
Internal Loans Act (Cap.

Sch.]
9. Non-application
For the avoidance of doubt it is declared that agreements made or other instruments given under the
Internal Loans Act (Cap.

420), the External Loans and Credits Act (Cap. 422) and the Guarantee (Loans)
Act (Cap. 461) are not contracts to which this Act applies. [6 of 1979, Sch.]
FIRST SCHEDULE [s. 7]
AUTHORIZATION
[Act No. 8 of 1978, s. 2.]
A
I, ...................................... Accounting Officer/Receiver of Revenue, ................................... hereby authorise .................................. to sign the contract between the Government of Kenya
and ....................................... ........................................................................................ for
(Here briefly describe the particular contract)
(Signed)
2

....................................................................................... for
(Here briefly describe the particular contract)
(Signed)
2

Government Contracts Act (Cap. 25) Kenya
.............................................................
Accounting Officer/Receiver of Revenue
_________________
B
I, ............................................ Accounting Officer/Receiver of Revenue, ................................. hereby
authorise ...................................... to sign the contract between the Government of Kenya and any contract
(in his department) below a value of ............................. (or as the case may be).
(Signed)
................................................................
Accounting Officer/Receiver of Revenue
SECOND SCHEDULE
DELETED
[Deleted by Act No. 3 of 2007, 4th Sch.]
3