AGPO for Persons with Disabilities in Kenya: How to register and access government tenders

The Access to Government Procurement Opportunities (AGPO) programme was launched in October 2013 to increase the participation of disadvantaged groups in government business.

Its legal foundation includes Article 55 of the Constitution, which requires the State to take affirmative action to ensure that young people have access to employment and economic opportunities, and Article 227, which requires public procurement to be fair, equitable, transparent, competitive and cost-effective.

The Public Procurement and Asset Disposal Act, 2015, gives the programme its legal framework.

Under Section 53(6), public entities must reserve at least 30% of their procurement and asset-disposal budget allocations for enterprises owned by women, youth, persons with disabilities and other disadvantaged groups.

Section 157(10) further requires procuring entities to allocate at least 30% of their annual procurement value to youth-, women- and PWD-owned enterprises.

This applies across national and county government procurement.

The programme covers opportunities to supply goods, provide services and undertake public works.

Who qualifies for AGPO?

The three main beneficiary categories are young people, women and persons with disabilities.

Youth-owned enterprises

The Constitution defines youth as people who have attained 18 years but have not attained 35 years.

A qualifying enterprise must meet the applicable ownership and leadership requirements under the AGPO registration guidelines.

Women-owned enterprises

These businesses must have at least 70% of their ownership held by women and satisfy the applicable requirements on the composition of their leadership.

Enterprises owned by persons with disabilities

Applicants must meet the prescribed ownership and leadership requirements and provide evidence of registration with the National Council for Persons with Disabilities.

In general, AGPO requires at least 70% ownership or membership by the qualifying group.

The programme also checks the composition of the business's leadership to establish genuine ownership and control.

Businesses can operate as sole proprietorships, partnerships or limited companies, provided they satisfy the relevant requirements.

An ordinary company does not automatically qualify simply because one of its directors is young, female or living with a disability.

Documents needed for registration

Before applying, an enterprise should have its business registration and tax records in order.

The AGPO portal lists the following documents among its requirements:

• National identity card or Kenyan passport for the eligible owners.

• Business registration certificate or certificate of incorporation.

• KRA PIN and valid Tax Compliance Certificate.

• CR12 for a limited company, showing its ownership structure.

• CR13 for a limited liability partnership, where applicable.

• Partnership deed for partnership businesses.

• National Council for Persons with Disabilities registration documentation for PWD-owned enterprises.

• Relevant professional or regulatory licenses for specialized activities, such as construction.

Where necessary, an affidavit may be required to reconcile differences in the names appearing in business and identification documents.

Treasury also advises applicants to open a business bank account and obtain a bank reference.

How to register online

AGPO registration is handled through the National Treasury's programme portal.

Applicants can use www.agpo.go.ke or seek assistance at a Huduma Centre.

The process follows several steps.

1. Register the business through the Business Registration Service under the Office of the Attorney-General.

Choose the appropriate structure: sole proprietorship, partnership or limited company.

2. Obtain the relevant ownership documents. Companies need a CR12, while partnerships require a partnership deed.PWD-owned enterprises must provide the required disability registration details.

3. Obtain a KRA PIN and Tax Compliance Certificate. The enterprise should also secure any professional licences required for its intended line of business.

4. Create an account on the AGPO portal, enter the business details and upload the required scanned documents.

5. The application is processed through the AGPO programme, with assistance available at Huduma Centre AGPO desks.

Registration is listed as a free service by the National Treasury.

Applicants should avoid intermediaries demanding money to secure an AGPO certificate.

Once approved, the enterprise receives an AGPO certificate, which can be verified through the official portal.

Where do you find government tenders?

An AGPO certificate makes a business eligible to participate in reserved procurement opportunities.

It does not mean government contracts will automatically be awarded to the enterprise.

Businesses can look for tenders through the official Public Procurement Information Portal, the AGPO portal, ministry and county government websites, newspaper advertisements and procurement notices issued by individual public institutions.

Every tender has its own requirements, including specifications, delivery timelines, financial capacity and professional qualifications.

An enterprise supplying office stationery, for example, may need to demonstrate its ability to supply the quantities required within the stated period.

A construction company may also need the appropriate National Construction Authority classification and other professional approvals.

Bidders should read the tender document carefully, check the closing date and submit all required documents.