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{
    "id": 1503226,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1503226/?format=api",
    "text_counter": 466,
    "type": "speech",
    "speaker_name": "Tinderet, UDA",
    "speaker_title": "Hon. Julius Melly",
    "speaker": null,
    "content": "As the Leader of the Majority Party said, local contractors whose economic muscle is a bit lower than international contractors are muzzled every time international contractors are awarded contracts. So, this Bill is very important. Clause 4 of the Bill seeks to amend Section 9 of the Act so as to ensure that the authority monitors and evaluates technology, knowledge, and skills transfer programmes. Every time an entity is building a road, airport or any infrastructure in this country, the State Department of Vocational and Technical Training is supposed to liaise with the contractor so that the skilled men, local artisans, and engineers can appropriately fit in the contractual framework of foreign contractor. This will ensure that any foreign contractor or investor taps local skills, therefore, providing employment to the young men of this nation. Clause 5 of the Bill seeks to amend Section 10 of the Act in order to include a representative of the Law Society of Kenya (LSK) as a member of the board. Many cases arise when the local procurement procedures are not adhered to. Having a representative of LSK in the board will be good for oversight. Clause 8 of the Bill seeks to repeal Section 40 of the Act in order to enable investigations to proceed despite the fact that issues... Clause 25 of the Bill seeks to amend Section 175 of the Act in order to align the provisions of the Act to the Court of Appeal (Organisation and Administration) Act. Many court cases take too long before ruling is done. This will reduce litigation against contractual activities because it costs the country a lot of money. Court cases cause delay of construction work and loss of money. At times, contractors leave their property on site and this attracts interest. Regarding local contractors, this Bill will ensure that any contract less than Ksh1 billion will be awarded to local contractors so that they are not competed out of the market by international contractors. As we speak, the Bill recognises that local contractors can bid up to Ksh500 million. Due to competition from international contractors, they have given leg room to bid for tenders up to Ksh1 billion so as to promote local business. The issue of e-procurement is very important in our country. It will promote transparency and ensure every public procurement is on the portal. The procedures will be transparent all the way from bidding to the award level. This will give contractors confidence in Government procurement procedures because at the moment it is low. The contractors who bid always think that a certain company is being favoured by the awarding institution. This Bill also seeks to amend the Public Procurement and Asset Disposal Act to prescribe the threshold of procurement to be awarded to local firms. As the Leader of the Majority Party said, when the Nairobi Expressway was being constructed, the donors gave very stringent requirements; that the contract should be awarded to a company from their country. Certain skilled men come also from that particular country and by so doing, it will kill the morale, spirit, and the ability of Kenyans that we have good engineers who can design and even work on these projects better than the foreign workers. Lastly, the Bill also seeks to amend Section 50 of the Act in order to provide for the offences with regard to contract administration. At times, some local Kenyans, for example, can be induced by foreigners to register companies on their behalf. That they will look local, but in extent it is foreign-owned. This Bill seeks to punish such kind of individuals who will want to aid or assist undue foreign ownership, but locally they register in the name of their local names or local individuals. This Bill actually seeks to ensure that if a foreigner is registering, they should always try and partner with local contractors. With those many remarks, I support and ask the House to support this Bill for the good of our country, and for the good of the business of the nation. Thank you."
}