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{
    "id": 1008514,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1008514/?format=api",
    "text_counter": 70,
    "type": "speech",
    "speaker_name": "Sen. Sakaja",
    "speaker_title": "",
    "speaker": {
        "id": 13131,
        "legal_name": "Johnson Arthur Sakaja",
        "slug": "johnson-arthur-sakaja"
    },
    "content": "where we are in cooperation agreement with Sen. Mutula Kilonzo Jnr., let us never forget that we swore fidelity to this Constitution to protect it, the rights of our people and democracy. I always say that even if we support the Government, the best support we should give it is by speaking the truth. Today’s events have been unfortunate. I am calling upon the IG of Police not only to release them unconditionally as Sen. Orengo has said but to apologies for arresting these young people. On the Petition by Sen. (Dr.) Mwaura, I thank him. He has proven to look out for the interests of young people. I will take up from where Sen. Orengo left off. He has mentioned that the Constitution talks about certain statutory provisions of an Act of Parliament. In 2015 - and if Sen. (Dr.) Mwaura remembers well, he will tell you because I was with him in the National Assembly - I brought a raft of amendments to this law; the Public Procurement and Disposal Act. If you go to Section 157 and maybe this might even guide you in terms of which Committee, you give this Petition. We put very specific provisions in the Public Procurement and Disposal Act to make sure our young people, women and Persons with Disability (PWDs) have at least a preference and reservation- Those are two different things and many of the accounting officers do not know of the 30 per cent. Section 157 talks about the preferences that are non-discriminatory, allow competition among eligible persons. However, 157(5) says clearly- “An accounting officer of a procuring entity shall when processing procurement reserve a prescribed percentage of its procurement budget which shall not be less than 30 per cent to the disadvantaged group and comply with the provisions of this Act.” I went further ahead to make sure--- I remember moving this amendment and I was very proud the day the President signed it into law. I moved that when paying this procurement entity---We saw the mischief that would come; that people would give tenders to their daughters, girlfriends and family instead of those deserving groups or register groups in the name of young people and then go and procure themselves. We said in Section 157(11) that when paying, every procuring entity- “ Shall ensure that all money paid out to an enterprise owned by youth women or person with disability is paid into an account where the mandatory signatory is that youth, woman or person with disability”. There are many other provisions. There is a final one which shows that there is nothing new that Sen. (Dr.) Mwaura needs to ask for but just implementation of this. Parliament, counties and national procurement entities have failed and have breached this provision. Section 157(12) says- The procuring entities at the national and county level shall make a report to the Procurement Authority every six months. This report shall satisfy compliance with the 30 per cent requirement and provide disintegrated data to indicate the number of youth, women, and Persons With Disability (PWDs), whose goods have been procured by the procuring entity. Finally, that Authority shall make a report to Parliament every six months for consideration by the Committee responsible for equalization of opportunities of youth, women and PWDs. The report shall contain details of procuring entities and how they have complied with the provisions of this section. This is the law as it exists, and it has The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}