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{
    "id": 1152553,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1152553/?format=api",
    "text_counter": 96,
    "type": "speech",
    "speaker_name": "Sen. Omogeni",
    "speaker_title": "",
    "speaker": {
        "id": 13219,
        "legal_name": "Erick Okong'o Mogeni",
        "slug": "erick-okongo-mogeni"
    },
    "content": "However, they are never given these opportunities. We may need to dig deeper into this law and see how it can be fully implemented and respected by many of our public entities. Mr. Speaker Sir, I do not know why you cannot be sensitive to, for example, PWDs. These are people who are under privileged in society in terms of their ability to do what some of us who have no disabilities can do. We need to be sensitive to them, uphold and support them. If we do that, then they will appreciate that we acknowledge that as a sector that is a bit disabled, they need to be affirmed by our governments. I am making this point to support the proposed amendments to Section 169, which is in Clause 34, that seeks to amend the payment of fees for those that are filling appeals for review. Two years ago, we amended some sections of this Public Procurement and Asset Disposal (PPAD) Act and put a percentage. If you want to appeal and the subject contract was for a sum of Kshs2 million, you are then required to pay a percentage of that contract sum before your review is admitted. That can be damn expensive. Therefore, this Public Procurement and Asset Disposal (Amendment) Bill is proposing in Clause 34, that Section 169 should be amended to give discretion to the waiving of fees for women, youths and PWDs. I am even proposing that the word ‘may’ that has been used, should be deleted and be substituted with the word ‘shall’. This is so that we make it mandatory because discretion can also be abused. Instead of living the discretion to the Appeals Review Board (ARB), we should a mandatory word and say if it a review being filed by PLWDs, women and the youths who have no employment, they should not pay any fees. At times people can use financial influence. The people who have been in business for maybe 10 years or so can use their financial influence to deny this group of people the opportunity to do business. This fee should not be discretionary. We should use the word ‘shall’ so that it becomes mandatory. I do not want to go over what Sen. Sakaja said on prompt payment but that is where we have a serious problem with procurement. I know of friends who got an opportunity to do business with government entities. They borrowed money from banks and did business but they have never been paid. Some have had their homes auctioned. I have a very sad case in North Mugirango Constituency where somebody’s matrimonial home has been placed up for auction. He did business with Nyamira county government and used that land as security. Money was advanced and he used that money to do business with the county government. Up to now, they have never been paid. Mr. Speaker, Sir, that is not the way to treat our citizens, especially people who are trying to eke a living from this opportunity that has come up to do business with our county governments. It is not fair. They are not like some of the international companies. Companies that build our roads have support from their governments. They do not use their personal assets as security. We have made all manner of attempts to address this problem, including the law that Sen. Sakaja made reference to the Prompt Payments Bill. Still, this is a big problem. 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."
}