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{
    "id": 1108374,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1108374/?format=api",
    "text_counter": 274,
    "type": "speech",
    "speaker_name": "Sen. M. Kajwang’",
    "speaker_title": "",
    "speaker": {
        "id": 13162,
        "legal_name": "Moses Otieno Kajwang'",
        "slug": "moses-otieno-kajwang"
    },
    "content": "competitive. In the 2013 Act, the procurement methods that were permissible were competitive bidding and privately initiated proposal. The Bill has added the aspect of restricted bidding and direct procurement and I think that is dangerous. There are jurisdictions that have gone through similar laws and processes with greater success, but they have not permitted non-competitive bidding. Mr. Temporary Speaker, Sir, it is not too long ago. During the Committee on Roads and Transportation meeting, Sen. Cherargei posed a question on the procurement of a road that traverses Northern Kenya. The response that we got from the CS involved was that the road was procured under restricted tendering. Those are hundreds of millions of shillings. Since it was restricted tendering and they cited security as a reason, they do not wish to cooperate with the Committee. They do not want to tell the Committee how many kilometres, the quality of the road, whether it was tarmacked or had gravel. Therefore, we have got the shroud of silence that accompanies restricted bidding and non-competitive practices, and I think that is dangerous. If we are not careful, we are going to end up with many more “Anglo-leasing” type of issues because the history of procurement in this country is well known. If you open the door that the Cabinet Secretary for the National Treasury can come up with guidelines on non-competitive bidding, this can be greatly abused. We have seen that abuse in the roads sector. Thank God, Sen. Cherargei has generated a Statement, which the Committee on Roads and Transportation will seek to interrogate to see the extent to which the Executive has abused that provision. I find it a little bit dangerous to use this provision for PPP. Perhaps, the comfort I get is that the rigor, stages and processes involved in coming to fruition of a PPP will reduce the chances of mischief that we have seen in our public procurements."
}