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{
    "id": 1007285,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1007285/?format=api",
    "text_counter": 259,
    "type": "speech",
    "speaker_name": "Wajir CWR, PDR",
    "speaker_title": "Hon. (Ms) Fatuma Gedi",
    "speaker": {
        "id": 1139,
        "legal_name": "Fatuma Gedi Ali",
        "slug": "fatuma-gedi-ali"
    },
    "content": "tell you how the Committee on Delegated Legislation is very active in terms of meeting the requirements and also making sure that these regulations pass. In exercise of the powers conferred by Section 180 of the Public Procurement and Asset Disposal Act (No. 33 of 2015), the CS for the National Treasury and Planning, Hon. (Amb.) Ukur Yatani, published the Public Procurement and Asset Disposal Regulations, 2020 vide Legal Notice No.69 of 2020 on 22nd April 2020. It seeks to operationalise the Public Procurement and Asset Disposal Act, 2015 on the coordination of procurement and disposal procedures by procuring entities. It also provides means of administering the powers vested in the CS for the Treasury and Planning under the Constitution, the Act and other related legislation. It harmonises and standardises application of Government service in controlling and managing the procurement in Government. It also sets out a standard public procurement and asset disposal management system for use in Government service and ensures accountability, efficiency, transparency and effective application and utilisation of public resources. In the overview of these regulations, Part I provides for preliminary issues including citation, interpretation of terms used in the Regulations, application, object and purpose of the Regulations. Part II deals with responsibilities of bodies involved in public procurement and related provisions. Some Government entities have misused these procurement processes; some even up to now. With the counties having come on board, we have seen a lot of mismanagement of procurement processes where junior staff... I know many Members can attest to this. We have many problems in the counties of misuse of junior officers and intimidating and blackmailing them so that they can misappropriate or steal public funds. So, these Regulations will bring accountability and discipline in Government entities and also county governments. Part III of these Regulations provides for county government responsibilities with respect to public procurement and asset disposal. It details the responsibilities of county treasury concerning the procurement function. Again, we have seen a lot of misuse of powers in counties. I think it is up to this House to fight this because it has really affected many county governments, including the county that I come from. Part IV of these Regulations provides for powers to ensure compliance and debarment procedures. It provides for the powers of investigations of the authorities and the procedure for request for debarment proceedings. Part V provides for internal organization of procuring entities, including responsibilities of the accounting officers, minimum requirements of a procuring entity, appointment of tender opening committees, registration of procuring or asset disposal agents as well as transfer of procuring responsibility to another public entity. These regulations help in clearing roles for specific accounting officers. This is because we have seen in many counties county accounting officers being misused. This will make roles and responsibilities clear to avoid the mess that is going on in different entities and also in the county governments. Part VI provides for the general procurement and asset disposal principles, including procurement planning, pricing, and the requirement not to split contracts, registration of suppliers, tender security, tender security declaration form, self-declaration form and confidentiality declaration. Some people misuse this provision. That is why we need these regulations so that going forward, we can have discipline. Part VI also provides for termination or cancellation of procurement and asset disposal proceedings, forms of communication, electronic procurement and asset disposal. Many people do not even get communication especially once they lose a contract. People just do a lot of monkey business. They take it for granted and yet, it is a person’s right to receive communication. 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."
}