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"content": "Second Reading"
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"content": "THE PUBLIC PROCUREMENT AND DISPOSAL (AMENDMENT) BILL"
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"content": "(Mr. Wamalwa on 17.11.2011)"
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"content": "(Resumption of Debate interrupted on 17.11.2011)"
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"speaker_name": "Dr. Laboso",
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"legal_name": "Joyce Cherono Laboso",
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"content": " Okay, the hon. Wamalwa had just started moving this Bill. You have 59 minutes."
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"content": "Madam Temporary Deputy Speaker, Sir, I had just made my opening remarks by indicating that the constitutional basis for this Bill is Article 55 of our Constitution. It requires that the State take measures including affirmative action programmes to ensure that the youth, not only access training and education, but also have opportunities to associate to be represented and to participate, not only in the social and political, but also the economic life of this nation."
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"speaker_name": "Mr. Wamalwa",
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"legal_name": "Eugene Ludovic Wamalwa",
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"content": "Madam Temporary Deputy Speaker, in defining affirmative action, Article 260 of the Constitution makes it very clear that affirmative action includes measures designed to overcome or to ameliorate an inequity or the systematic denial or infringement of a right or fundamental freedom. This particular Bill has the main objective of ensuring that young people in this country are able to participate in the public procurement that has been a preserve of those who are wealthy, those who hold important positions in Government and those who are politically-correct and connected in this Government. Whether they are the Ministers, CEOs of the various parastatals, Directors, and those who are connected in all these areas that have money to access to be able to secure lucrative tenders to supply and do business with Government. For an ordinary youth in this country, who has been to school or college, it is like trying to swim with the sharks for them to access these share of procurement because of the many disadvantages that they suffer. So, the principle object of this Bill is to amend the Public Procurement and Disposal Act of 2005 so as to ensure that at least 25 per cent of the annual procurement by public entities is allocated to the youth in accordance with conditions as the Minister may prescribe."
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"content": "We are also proposing that the Minister will have powers to prescribe conditions upon which the procurement shall be allocated to the youth so as to make it accessible to this very disadvantaged group. This proposed amendment will go a long way in empowering the youth and will help reduce the high level of unemployment in this country."
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"content": "Madam Temporary Deputy Speaker, our proposal also finds bases in Article 227 of the Constitution which provides for procurement of public goods and services. Under that Article, the State organ that contracts for any goods or services shall do so, in accordance with a system that is fair, equitable, transparent and competitive; that is cost effective. Before the passing of this new Constitution, we did not have any specific provisions for the youth of this country. We did not have any specific provisions that would make the system of procurement fair in terms of access, particularly by this disadvantaged group of, not just young people, but also women, and disabled. So, under Article 227, our own Constitution allows under Article 227(2) for an Act of Parliament to prescribe a framework within which these policies relating to procurement can actually be made."
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"content": "Madam Temporary Deputy Speaker, Sir, under Article 227(2)(b), the Constitution allows for provisions to be made, particularly for the protection or advancement of persons, categories of persons, or groups previously disadvantaged by unfair completion or discrimination. So, this particular provision in the Constitution actually envisages a situation where there are groups that cannot acess these share of public procurement because of obvious disadvantages. It does empower this House to make laws that can make specific provisions for the protection and advancement of the interest of such persons, or categories of persons, or groups of persons that have previously been disadvantaged."
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