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INTERNATIONAL JOURNAL OF LATEST TECHNOLOGY IN ENGINEERING,
MANAGEMENT & APPLIED SCIENCE (IJLTEMAS)
ISSN 2278-2540 | DOI: 10.51583/IJLTEMAS | Volume XV, Issue V, May 2026
Caraiani, G., et.al (2013) defines Electronic contracts as the formation and/or performance achieved by means
of a transmission or electronic. This type of contract has the following characteristics: Is a contract between
partners who are not in the same time and at the same place, so a contract between absent parties, it can be
considered as a variant of the contract perfected by mail; Commercial operation, which is achieved by electronic
mean is remotely comparable sale the seller has, in many ways, the offer and the buyer sends an order;
Transmission of information and communication between parties is done electronically: videoconference,
electronic catalog, through computer, interactive public terminal, electronic mail; being the electronic contract
agreement ending the Internet, the international dimension is the default (distinguished national - international
is not essential, at least in a first approach). Electronic contracting process offers a number of specific legal issues
that relate primarily to contract formation, electronic signature and electronic document exchange. Electronic
contracting refers to the formation of contracts by electronic means (UNCITRAL, 2002). Electronic contracting
focuses on the terms or conditions of a contract negotiation and monitoring of contract performance (Lee, 1998).
The term describes electronic contracting system that helps to build applications and negotiate electronic
contracts
According to Linus N. Murithi et al (2025), Electronic contract management (ECM) involves the use of digital
tools and processes to create, store, manage, and execute contracts. This approach enhances efficiency, reduces
costs, and improves compliance and visibility in contract management. As one of the key phases in public
procurement, contract management comes after the supplier has been sourced and contract awarded to the
qualifying supplier. This phase involves closely monitoring the process of implementing the contract and
carrying out essential steps during the implementation process including inspecting the progress of the contract,
receiving suppliers’ invoices as per the contract, and reporting on the progress of the contract. Electronic contract
management, therefore, entails undertaking all these functions through computer-assisted systems to ensure their
effectiveness and efficiency.
In its broadest sense, e-contracting may be described as the process whereby any or all of the following activities
take place within a purely electronic environment, the proposed parties to a contract negotiate and form their
contract through the use of an electronic communication method; once the contract has been formed, the parties
electronically administer and manage the contract (for example, the parties may use an online collaboration
system to communicate with each other, deliver contractual notices, agree to contractual amendments, alter
project drawings and provide project approvals); and upon completion of the contract, relevant project records
and communications are archived using an electronic storage medium (as opposed to the traditional paper based
method of record retention (Dawson E. P et al 2007).
Statement of the Problem
Electronic procurement facilitates streamlining procurement, ensuring prompt service delivery while optimizing
resource use (Rotich et al., 2015). Notably, there has been effort by the government especially from the public
procurement regulatory authority to streamline procurement functions and improve performance (Rotich &
Okello, 2015). Regardless of the effort by the governments of developing countries, like Kenya and development
partners like the World Bank and IMF to improve performance of the 9 organization’s procurement function,
public procurement is still marred by corruption, unfair tendering and poor evaluation of qualification for the
tenders (Okello et al., 2021). The ethics and anti-corruption commission in their 2022 yearly report stated that
procurement in the public sector is still marred with a lot of irregularities which need to be looked into since this
has affected the performance of the public sector. This has in effect hampered the level of services being offered
in the public hospitals thereby making the public who can afford to seek private healthcare services. Facilities in
most of the public hospitals are dilapidated, insufficient and in some cases lack of proper personnel to handle
them. Report from National Treasury (2020) established that the level of E-Government was still down leading
to acquisition and implementation of Electronic procurement in the budget policy statement for fiscal year 2020-
21.While transparent electronic procurement systems foster accountability, ensuring responsible budget
expenditure and service delivery or improving procurement planning and ensuring efficient budget absorption;
it still remains an avenue for impropriety in the public sector leading to poor performance (Adjei-Bamfo et al.,
2019). Ngeno and Omwenga studied factors that contribute to e-procurement adoption in Bomet County
government while Afolabi et al., (2019) in their study in Nigeria about critical factors for e-procurement;