Abstract:
Public procurement constitutes a significant socio-political and
economic tool in the hands of governments as regulators and major
consumers. Through it, a government may achieve both national and
international goals. Governments, therefore, tend to have a strong
incentive to adopt inward-looking policies on public procurement for
the benefit of local suppliers, products and services. To mitigate this,
the East African Community (EAC) Common Market Protocol makes
provision for non-discrimination by prohibiting discrimination
against suppliers, products or services from other partner states in
public procurement. This article looks at the law and practice in the
East African Community and among the partner states relating to the
application of the non-discrimination rule in public procurement
under article 35 of the EAC Common Market Protocol. From the
discussion, it is apparent that both the EAC and the partner states
are yet to eliminate discrimination in public procurement through
their laws and policies.
