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{
    "id": 1484653,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1484653/?format=api",
    "text_counter": 594,
    "type": "speech",
    "speaker_name": "Mr. Abdi Mohamud",
    "speaker_title": "",
    "speaker": null,
    "content": "For this specific matter, we have not investigated the existence of the cows that are in this particular issue. If indeed cows have been donated to any public officer, those donations are supposed to be donated to the state. The officer is supposed to hand over that donation within 48 hours to the institution that employs him. That is my take on that. Then we have the issue of extension of time for the bid bond. As I indicated previously, the closing date for this particular tender was supposed to be on 23rd February. Bid bonds are supposed to be attached or be part of the tender document. In this particular case, the bid bond was hand-delivered to the Office of the Chief Executive Officer (CEO) when the tender documents were already inserted in the respective tender boxes. For that reason, extension had to be found in order to have that document be part of the tender document of that particular company, which is Shobikaa Impex Limited . That led to the extension and that was instigated by the Permanent Secretary. He wrote a letter which is in our documents, directing the CEO of the KEMSA to extend the date of closure of the tender from 23rd February to 10th March. Now, that is the issue that led to the date of closure be extended. Now, let me come to investigations by various bodies created by the Constitution. Each institution has its own mandate, as far as the Constitution or the legislation or the statute that created it is concerned. When it comes to criminal investigation and specific issues to do with leadership and integrity and corruption; the responsibility lies with the EACC. Other constitutional bodies can do their own investigation. However, if they are recommending for criminal charges, those recommendations have to be made to the respective institution mandated to charge people or to investigate criminal cases, such as the DCI or the EACC. It depends on the mandate of the institution and the focus of that particular investigation. For example, the Public Procurement and Disposal Authority (PPDA) does not have powers to charge people in court or rather to recommend to the Director of Public Prosecutions (DPP) to have people charged in court. What do they do? They have to do a recommendation to either the DCI or to the EACC to investigate the criminality of that particular issue. I just want to indicate that it depends on the institution and the mandate of that institution. However, when it comes to criminal investigations, there are specific institutions that are mandated to conduct criminal investigations. I addressed in my earlier submission that gifts that are more than Kshs20,000 are declarable and have to be entered in the gift register. At the end of every financial year, the institution has to declare to the EACC of the existence of that gift. The issue of what was our finding or conclusion when we look at the whole matter is that when you look at this particular tender, first, it is an international tender that was floated as an open tender to international companies. Companies bidded, but there is a specific company that has a local agent which is Shobikaa Impex Limited that did not conform to certain procurement requirements as per the tender document. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}