The national treatment rule and the regulation of public procurement under the east african community common market protocol

Authors Joseph Agutu Omolo, Eurallyah J Akinyi

ISSN: 2521-2575
Affiliations: Lecturer, Kabarak University School of Law; LLM Candidate, University of Pretoria
Source: Journal of Corporate and Commercial Law & Practice, Volume 5 Issue 1, 2019, p. 115 – 139


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.