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{
    "id": 1503284,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1503284/?format=api",
    "text_counter": 524,
    "type": "speech",
    "speaker_name": "Marakwet West, Independent",
    "speaker_title": "Hon. Timothy Kipchumba",
    "speaker": null,
    "content": "The law has not been very clear on what happens upon completion of awarded tenders. Normally, it has not been clear what happens to a person awarded a tender but declines to execute works. The newly introduced provision pursuant to this amendment deals with that. It says very clearly that the accounting officer may issue the letter and notification of award to the next lowest evaluated tenderer where a successful tenderer declines the contract. I will be proposing an amendment to make it mandatory. The clause may be subject to abuse if we have a discretion of the word “may”. The next lowest evaluated tender shall be awarded the tender on mandatory terms if someone who won tender declines to sign or to take up. If we leave the discretion of the word “may”, it may be abused by saying it is conditional. We should seal this. I will propose an amendment so that we have the word “shall” placed thereunder so that it is not subject amendment. I can see my friend Hon. Kimani Kuria applauding. As I finalise, there was a very interesting provision under Section 175 on appeal. Where aggrieved persons appeal, the previous Section 175 said that the High Court would determine the judicial review application within 45 days after such an application. That was tied in the hands of the court. The new proposed amendment says that the High Court shall determine judicial review applications in accordance with the Civil Procedure Rules. We have given room to the Civil Procedure Act to guide the procedure of judicial review. This amendment expunges the time limit of 45 days."
}