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"id": 1090988,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1090988/?format=api",
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"type": "speech",
"speaker_name": "Sen. (Dr.) Zani",
"speaker_title": "",
"speaker": {
"id": 13119,
"legal_name": "Agnes Zani",
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"content": "“A procurement entity shall pay a supplier by the prescribed payment date”. Most of the times after offering services, there is no clear indication of when payment will be done. A person is told to come tomorrow or next week. So, this Bill initiates and put into motion some level of definiteness where we have the prescribed dates and the payment dates. So, this ensures that anybody who is to pay a bill has to do it on time. Clause 4(2) is critical. A person who fails to pay this particular supply will accrue a specific interest. That interest will be charged and calculated. There is also a mechanism for engagement at various levels to ensure that these bills are paid on time. The payment is on the basis of first come, first served. Clause 5 provides clarity on how to deal with bills and payment that have to be done which is on first come, first served basis. Many times, other people who have made their claims later get paid before probably because they have connections, are more assertive, are able to make their case be felt better or are louder. That is why people keep checking for each other for help to get the money. So, provision for a first come, first serve basis is important. Clause 9 deals with declaration of pending payments. It states that- “A person who wishes to enter into a contract for the supply, works at national or county governments shall make a declaration to the accounting officer of the entity on any pending payments owed by a small or macro enterprise” The clarity of making this particular claim becomes clear at that Clause. That declaration shall also be made in writing. Therefore, not only do we have a definite date but also a prescription for the processes. So, in that particular declaration, details that will be given on when the outstanding payment fell due have to be put forward. Madam Deputy Speaker, I can imagine the situation that the relevant office will be dealing with. There will be files of applications coming through. So, it is important to have clear details. Many times when people are seeking for information or payment, sometimes the information flow is problematic. However, at Clause 9, it is clearly put. A person will have to indicate the details of when the outstanding payment fell due, the reasons for the delay and any agreements that have been entered into by the supplier and the procuring entity. This will help the process of engagement. Madam Deputy Speaker, I am winding up because this is a Bill that we will discuss extensively. I also want to give my colleagues time to contribute. We should appreciate the level of target for this Bill. Prompt payment should be something that we can engage into without a problem as move away from a past where it has been difficult to have this sort of prompt payment. Towards the end of the Bill in Clause 11, the whole idea of a Cabinet Secretary (CS) who will be making regulations to provide for better carrying out of effect of this Bill becomes critical. This is because at that level, this is an official who will have an overarching idea about how the various entities are interacting. He or she will also engage with Council of Governors (CoGs) to find out what the problem is and the relevant Committee and will call on board the various County Executive Committee"
}