IOSR Journal of Business and Management (IOSR-JBM) e-ISSN: 2278-487X, p-ISSN: 2319-7668. Volume 21, Issue 10. Series. III (October. 2019), PP 38-45 www.iosrjournals.org DOI: 10.9790/487X-2110033845 www.iosrjournals.org 38 | Page Influence of Preference and Reservation Policy on Procurement Performance in Elgeyo Marakwet County, Kenya 1 Fancy Jepkosgei, 2 Dr. Yusuf Kibet 1 Jomo Kenya University of Agriculture and Technology, Kenya 2 Jomo Kenya University of Agriculture and Technology, Kenya Corresponding Author: Fancy Jepkosgei Abstract: Preference and reservation procurement policy helps in ensuring that women, youth and pwds are engaged in award of tenders in public procurement. PPDA act 2005 provides preference and reservation policy of 30% for women, youth and pwds. Despite existence of this policy, few women, youths and pwds have been able to access government contractual opportunities due to poor sensitization, poor legislative frameworks and culture based organizations. The study sought to assess the influence of preference and reservation policy on procurement performance in Elgeyo Marakwet County. The main objective of the study was to establish the influence of legislative framework on procurement performance in Elgeyo Marakwet County. The study was guided advocacy coalition framework model. Target population were women groups, youth groups and persons with disabilities groups listed in the Elgeyo Marakwet County headquarters. The study used descriptive survey research design. Pilot study was conducted in Baringo County to test validity and reliability of the questionnaires. Questionnaires with both open and close ended questions were used in collecting data. Simple random sampling technique was used to select study respondents. Data analysis was facilitated using SPSS software while reliability was tested using Cronbach alpha 0.7. The study concluded that legislative framework influences procurement performance in Elgeyo Marakwet County. The study recommends that Elgeyo Marakwet County should adopt effective legal environment this is to ensure that all internal procurement procedures according to competitive best practice. --------------------------------------------------------------------------------------------------------------------------------------- Date of Submission: 02-10-2019 Date of Acceptance: 18-10-2019 --------------------------------------------------------------------------------------------------------------------------------------- I. Background of the Study Procurement performance can be improved through adoption of effective and efficient preference and reservation policies in public procurements. It helps to solve most of the economic and societal challenges facing the country. Public procurement plays a significant role in the successful management of public resources. Most countries have become more aware of the importance of procurement performance as an area vulnerable to mismanagement and corruption. Thus, they have instituted efforts to integrate procurement in a more strategic view of government efforts. The manners in which community services are delivered as well as the governance level of a country are dependent on public procurement efficiency as well as allocation of public resources (Arrowsmith, 2013). Legislative framework encompasses the laws, regulations and policies that are put in place to govern an organization or an activity. The public procurement legal framework clearly covers the whole scope of public procurement, all stages of the procurement process, methods of procurement, ethics and transparency (Thai, 2001). Good public procurement legal framework is based on the principles of openness and transparency, fair competition, impartiality and integrity (Nyagah & Mugambi, 2014). Procurement laws and rules lead to procurement efficiency or inefficiency depending on the type of government and environment within which the system is operated. Challenges faced by these legislations include persistent complaints directed at the intricacy of specific procurement directives as they are purported to lack flexibility and complex unfeasible terms during procurement process (Mahmood, 2010). In America and United states, participation of Special Interest Groups in Public procurement is an important function of governments (Blome & Schoenherr, 2011). This has necessitated adoption of progressive legislation in empowering women in accessing public procurement opportunity. However, many countries are yet to adopt public procurement procedures that are transparent, promote fair and equal treatment. This is because women, youth and Pwds particularly women are at greater risk of being unemployed and having no source of livelihood. Nevertheless, the application of gender equality objectives through public procurement remains underdeveloped and under-researched. Europe faces an estimate of the financial activities of government procurement across the world by the women, youth and Pwds are believed to be in the order of 10% –30 % of the Gross National Product (GNP).