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{
"id": 1503282,
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"text_counter": 522,
"type": "speech",
"speaker_name": "Marakwet West, Independent",
"speaker_title": "Hon. Timothy Kipchumba",
"speaker": null,
"content": "There is also an important amendment under Clause 13. There is a problem with the clarification. A contractor will tend to insert a new document while seeking clarification under Section 81 of the parent Act because there is no law prohibiting it. Now there is an amendment by Hon. Kimani Kuria. It says a clarification shall not change the terms, the tender, or add any new document or information. That is very important because contractors use mischief. They sneak in new documents once those doing evaluation inform them that they did not provided certain documents. This is a very progressive piece of amendment. It ensures no new documentation will be introduced. Subcontracting to local firms is very progressive because foreign contractors subcontract to other foreign contractors. This is progressive so that local contractors are empowered. Of course, it will create employment and empower people."
},
{
"id": 1503283,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1503283/?format=api",
"text_counter": 523,
"type": "speech",
"speaker_name": "Marakwet West, Independent",
"speaker_title": "Hon. Timothy Kipchumba",
"speaker": null,
"content": "The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
},
{
"id": 1503284,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1503284/?format=api",
"text_counter": 524,
"type": "speech",
"speaker_name": "Marakwet West, Independent",
"speaker_title": "Hon. Timothy Kipchumba",
"speaker": null,
"content": "The law has not been very clear on what happens upon completion of awarded tenders. Normally, it has not been clear what happens to a person awarded a tender but declines to execute works. The newly introduced provision pursuant to this amendment deals with that. It says very clearly that the accounting officer may issue the letter and notification of award to the next lowest evaluated tenderer where a successful tenderer declines the contract. I will be proposing an amendment to make it mandatory. The clause may be subject to abuse if we have a discretion of the word “may”. The next lowest evaluated tender shall be awarded the tender on mandatory terms if someone who won tender declines to sign or to take up. If we leave the discretion of the word “may”, it may be abused by saying it is conditional. We should seal this. I will propose an amendment so that we have the word “shall” placed thereunder so that it is not subject amendment. I can see my friend Hon. Kimani Kuria applauding. As I finalise, there was a very interesting provision under Section 175 on appeal. Where aggrieved persons appeal, the previous Section 175 said that the High Court would determine the judicial review application within 45 days after such an application. That was tied in the hands of the court. The new proposed amendment says that the High Court shall determine judicial review applications in accordance with the Civil Procedure Rules. We have given room to the Civil Procedure Act to guide the procedure of judicial review. This amendment expunges the time limit of 45 days."
},
{
"id": 1503285,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1503285/?format=api",
"text_counter": 525,
"type": "speech",
"speaker_name": "Hon. Peter Kaluma",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 1565,
"legal_name": "George Peter Opondo Kaluma",
"slug": "george-peter-opondo-kaluma"
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"content": " Hon. Timothy, your time will be held. I will add you time because you note that the matters you are talking to as a lawyer are very serious. Hon. Kimani Kuria is taking them seriously. This is a matter of procurement or asset disposal. I think there was a good reason we were telling judicial review courts, which are application-based courts, to seek leave. Leave may operate as a stay or not. Then, they would go to substantive motions and determination. Because of the expediency with which we want judicial review applications to be dealt with, the law as it is limits hearing and determination time to 45 days. That is so that whatever the reason you are procuring can move forward. In that context, how do you support the removal of that and leaving it open to court? Without the time limitations we put for determination of things like election petitions, you know judicial review actions can stay in courts for eternity. With the progressive debate you are making, I was thinking you were going to reject that amendment."
},
{
"id": 1503286,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1503286/?format=api",
"text_counter": 526,
"type": "speech",
"speaker_name": "Marakwet West, Independent",
"speaker_title": "Hon. Timothy Kipchumba",
"speaker": null,
"content": " For judicial reviews, you know that one must first seek leave. Anything more than 45 days may create some level of injustice to the other party if that other party makes counter applications. The matter, if not disposed of within the 45 days provided under current legislation, may occasion injustice to the other party. For example, if one appeals to the Court of Appeal and the law is cast on stone that the matter must be prosecuted within 45 days, an injustice may be occasioned to the other parties. I understand your position that we should have limited the matter just like we have done to the election petitions, but this is a matter of judicial review. There may be many review matters that the courts may not be able to handle within the prescribed period of 45 days. On matters to do with elections, it is only a single presidential election that is handled within 14 days. For this one, there may be very many applications that may not be adequately handled within that period of time. This also applies to the appeal from the High Court. Under Clause 175, it says that for a person aggrieved by the decision of the High Court, 14 days period has been granted. We are aware that under the Court of Appeal, we have the Court of Appeal (Organisation and Administration) Act, which deals with the issue of time. Finally, we have a very important amendment under Clause 26(b), about people who supply substandard goods. That has now been criminalised. It says that a person who certifies"
},
{
"id": 1503287,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1503287/?format=api",
"text_counter": 527,
"type": "speech",
"speaker_name": "Marakwet West, Independent",
"speaker_title": "Hon. Timothy Kipchumba",
"speaker": null,
"content": "The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
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{
"id": 1503288,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1503288/?format=api",
"text_counter": 528,
"type": "speech",
"speaker_name": "Marakwet West, Independent",
"speaker_title": "Hon. Timothy Kipchumba",
"speaker": null,
"content": "or delivers substandard goods or works that are incomplete, non-existent, or whose quality is below the specifications contained in the contract commits an offence. For the first time, we have created an offence for those who certify. For those of us under NG-CDF, what you call labour-based, those who are in charge receive or certify substandard items. Therefore, initially there was no criminal liability that was levelled against them. We have now created a criminal liability under this law. I stand to support."
},
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"id": 1503289,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1503289/?format=api",
"text_counter": 529,
"type": "speech",
"speaker_name": "Hon. Peter Kaluma",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 1565,
"legal_name": "George Peter Opondo Kaluma",
"slug": "george-peter-opondo-kaluma"
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"content": " Thank you, Hon. Timothy Kipchumba, for those enlightening submissions. Hon. Kimani Kuria, you should be preparing to reply. As you do so, I want you to look at Clause 11(a) and (b) that Hon. Timothy Kipchumba has spoken to. More so 11(b). How would it matter that you are fining a foreign company or a local person who has engaged in a foreign business by this kind of collusion in a tender for over a billion shillings and the fine is not exceeding Ksh3 million? Would it matter to anybody? The person can do the tender and pay Ksh3 million from it, and it continues. Think about it in your reply. What can the Committee do to meet your intent in this Bill, for which you are being applauded?"
},
{
"id": 1503290,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1503290/?format=api",
"text_counter": 530,
"type": "speech",
"speaker_name": "Hon. Peter Kaluma",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 1565,
"legal_name": "George Peter Opondo Kaluma",
"slug": "george-peter-opondo-kaluma"
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"content": " Hon. Makilap."
},
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"id": 1503291,
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"text_counter": 531,
"type": "speech",
"speaker_name": "Hon. Joseph Makilap (",
"speaker_title": "",
"speaker": null,
"content": "Baringo North, UDA): Thank you Hon. Temporary Speaker for giving me this opportunity. First and foremost, being a member of the Departmental Committee on Finance and National Planning, where Hon. Francis Kuria Kimani is my Chairman, I want to sincerely thank him because it must go on record that this Bill is an original amendment Bill sponsored by Hon. Kimani Kuria as a Member of Parliament for Molo Constituency. We convinced him to surrender it to become a Committee amendment Bill. I laud Hon. Kimani Kuria, and thank the people of Molo Constituency for giving him an opportunity to come to this Parliament. This kind of amendment Bill is transformative and in line with BETA. I am part of the team that worked on this Report. In the Committee of Supply, Members will help us to add value to it, for instance, what Hon. Timothy from Marakwet West and many of us said. That is value addition so that we make amendments that will stand the test of time. This Bill is an economic transformation. It will transform the economy of this country and have a trickle-down effect on the resources in circulation. I was in my constituency and one of my voters asked me, “Mheshimiwa, why is it that some institutions are making progress and parastatals that have for some time made losses are doing better yet there is no money in circulation for disposable income?\" This Bill will be the law that will take money to the grassroots. People are saying there is resurgence of economic growth, but they do not feel it on the ground. This is one of the many Bills that will trickle down resources to the grassroots. Raising the amount of contracts reserved for local contractors from Ksh500 million to Ksh1 billion will give opportunity to Kenyans with the ability to do business in this country. We should have a clause saying Kenyans can go for or partner with foreign companies to undertake projects worth more than Ksh1 billion. Hon. Kuria Kimani’s amendments are a game changer for money to trickle to the ground. I will give you a scenario. Foreign companies like Chinese ones have taken a lot of business in this country. Most foreign companies come with their employees, equipment, and building materials. The revenue we collect from mamamboga, PAYE, VAT, and excise duty pay foreign contractors. Hon. Kimani Kuria is our Chairman and we have spent sleepless nights trying to see how the country can raise about Ksh200 billion. When we eventually collect the money and pay foreign contractors, all that belongs to Kenya goes outside the country. The foreign companies and their countries then have enough resources. They then ask us if we want some loan. They give us very expensive loans and untenable conditions. If they give us a loan, the contractor must come from their country. Materials must come from their country and they must be tax-free. Whereas we tax"
}
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