Government Contracts

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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 Minister 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.
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
(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 Minister,
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.
Certain provisions to be subject to express authority of Treasury
(1) Notwithstanding anything contained in this Act, but subject to the provisions of any other written law, no contract to which this Act applies and which is made on or after the 16th June, 1978, shall bind the Government in respect and to the extent of —
(a) any provision therein for the exemption, waiver, remission or refund of any tax or duty payable under the several written laws specified in the Second Schedule; or
(b) any expenditure specified therein to be made by or on behalf of the Government in excess of the sum of two hundred and fifty thousand shillings, or the equivalent thereof in the currency denominated in the contract, calculated at the rate of exchange prevailing at the date of its signing,
unless such contract is signed or countersigned by the Permanent Secretary or deputy Permanent Secretary to the Treasury or a person or persons specially or generally authorized by either of them in writing in that behalf.

(2) This section shall not be construed as enabling any exemption, waiver, remission or refund of any tax or duty payable under any written law to be given otherwise than as may, by that or any other written law, be provided.
(3) In this section “expenditure” does not include expenditure which may contingently or incidentally arise under collateral or incidental provisions of a contract.
(4) The Minister for the time being responsible for finance may, by order in the Gazette, amend—
(a) the Second Schedule;
(b) the sum specified in paragraph (b) of subsection (1) of this section.
[Act No. 8 of 1978, s. 2]


8.
Certain provisions to be subject to express authority of Treasury
(1) Notwithstanding anything contained in this Act, but subject to the provisions of any other written law, no contract to which this Act applies and which is made on or after the 16th June, 1978, shall bind the Government in respect and to the extent of —
(a) any provision therein for the exemption, waiver, remission or refund of any tax or duty payable under the several written laws specified in the Second Schedule; or
(b) any expenditure specified therein to be made by or on behalf of the Government in excess of the sum of one hundred million, or the equivalent thereof in the currency denominated in the contract, calculated at the rate of exchange prevailing at the date of its signing,
unless such contract is signed or countersigned by the Permanent Secretary or deputy Permanent Secretary to the Treasury or a person or persons specially or generally authorized by either of them in writing in that behalf.

(2) This section shall not be construed as enabling any exemption, waiver, remission or refund of any tax or duty payable under any written law to be given otherwise than as may, by that or any other written law, be provided.
(3) In this section “expenditure” does not include expenditure which may contingently or incidentally arise under collateral or incidental provisions of a contract.
(4) The Minister for the time being responsible for finance may, by order in the Gazette, amend—
(a) the Second Schedule;
(b) the sum specified in paragraph (b) of subsection (1) of this section.
[Act No. 8 of 1978, s. 2, L.N. 66/2005.]


8.
Deleted by Act No. 3 of 2005, Fourth Sch.
[Act No. 8 of 1978, s. 2, L.N. 66/2005, Act No. 3 of 2005, Fourth 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.
[Act No. 6 of 1979, Sch.]
FIRST SCHEDULE [Section 7, Act No. 8 of 1978, s. 2.]
AUTHORIZATION
SECOND SCHEDULE [Act No. 8 of 1978.]
The Income Tax Act (Cap. 470).
The Customs and Excise Act (Cap. 472).
The Sales Tax Act (Cap. 476).
The Stamp Duties Act (Cap. 480).
The Estate Duty Act (Cap. 483).
The Second-hand Motor Vehicles Purchase Tax Act (Cap. 484).
The Traditional Liquor Act (Cap. 122).
The Hotel Accommodation Tax Act (Cap. 478).
The Air Passenger Tax Act (Cap. 68).