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{
    "id": 1152529,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1152529/?format=api",
    "text_counter": 72,
    "type": "speech",
    "speaker_name": "Sen. (Dr.) Zani",
    "speaker_title": "",
    "speaker": {
        "id": 13119,
        "legal_name": "Agnes Zani",
        "slug": "agnes-zani"
    },
    "content": "Starting with Clause 2, we have some definitions that are important. For example, it explains who a procurement professional is. It is clear that any procurement or supply chain professional body should be recognized in Kenya. This expands the scope of a procurement professional, and that is key. In Paragraph (b), it seeks to insert various definitions that will help to make it easier to follow procurement processes. For example, we have complex and specialized contracts, which means contracts that include procurement where the terms and conditions of an agreement are different from standard commercial terms and conditions. That will not be the case because they do not fit into the specific contracts and how they are expected to be stipulated. There is also definition of “local contractor”, which means a person or a firm registered in Kenya under the Company’s Act, 2015, or any other written law and whose operation is based in Kenya. This is also important in terms of contextualizing and putting into consideration the existence of local contractors. Clause 6 proposes that Section 39 of the \"Principal Act\" be amended by deleting the word \"Board\" and substituting therefor the words \"Director-General\". This will create a larger scope and give the Director-General specific responsibilities and deliverables that will hold them responsible. It seeks to move the responsibility from the Board, which could be amorphous to specifically the Director-General who will be in charge for that particular process. Clause 7 also seeks to make an amendment to reduce chances of delay. It proposes that Section 40 of the \"Principal Act\" be amended in subsection (2) by deleting the word \"Board\" and substituting therefor the words \"Director-General\". Clause 8 proposes that Section 41 of the \"Principal Act\" is amended in subsection (1) by adding the following new paragraph immediately after paragraph (i)— \"(j) is determined by the Review Board to have filed a request that is frivolous or vexatious or was made solely for the purpose of delaying the procurement proceeding or a performance of a contract\". This will reduce chances of delays because contracts will be considered appropriately. In Clause 9, we have the provision to inspect premises. Many times, inspections are done on a procurement entity that does not want people to know what they have in their premises. That has not been easy because there is nowhere in the law a possibility of enforcing it. Therefore, during investigation, inspection, assessment and reviews relating to contracts on procurements and assets disposal procedures, anyone authorized by the authorities may enter any premises of a procuring entity. We have specifications like a reasonable time, so that you do not find somebody coming and doing something at midnight in the name of inspecting the premises or make any inquires that may be necessary for the collection of information. That is also important because it will do away with the shroud of secrecy that sometimes we have regarding procurement processes. Where an authorized person is refused entry, there are provisions of what can be done. It includes getting an application for a magistrate to make a ruling on that. 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."
}