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{
    "id": 1503297,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1503297/?format=api",
    "text_counter": 537,
    "type": "speech",
    "speaker_name": "Nominated, JP",
    "speaker_title": "Hon. Sabina Chege",
    "speaker": null,
    "content": "listen to this. We contract foreigners a lot of times. If there is a dispute, we can only settle it out of this country. You are sent to London, Malaysia or any other country, but not under this law. It is important that foreign contractors accept that they are getting Kenyan money. If a dispute arises, then it should be handled in Kenyan courts which are qualified. We trust them. Clause 8 of the Bill is about investigations that are allowed to be done, even if the matter is under review Board. This is very important so that we do not gag any investigation that is necessary. Clause 10 of the Bill speaks on tasking an accounting officer to ensure that locally produced products or services are prioritised. It also ensures that technology, knowledge, and skills transfer plans from foreign firms are prioritised in the procurement and asset disposal process. This is very important. We have a very fantastic Thika Super Highway and Standard Gauge Railway (SGR) which were constructed by the Chinese. It is important that this is not only on paper, but also these firms should showcase how they train and transfer technology or knowledge. When we build another expressway, we will have that expertise. We might no longer need foreigners, unless we consult them on very few issues. I trust that this Government will have Nairobi-Nakuru-Eldoret or Kisumu Expressway. Giving local firms a chance to participate in all contracts that are less than Ksh1 billion is very commendable. It is important for them to be advertised well. I am very sure even with more than Ksh1 billion, we have local firms that can do it. I want to mention something which is in Clause 20 of the Bill. It seeks to insert a new Section 139A to provide for safeguards for contractors whose payments are overdue. We have contractors who have depression. Some of them have died without getting payments. I know the Leader of the Majority Party wants us to move faster, but this is very important. Government and procurement officers should only give contracts when money is available. One of the reasons you find a kilometre of a tarmac road in Kenya is more expensive than in our brothers’ countries, in East African Community (EAC), is because our local contractors go to banks to take loans yet the Government takes so much time to pay them. By the time they are doing it, you have already incurred another expense. If payment is prompt or done on time, we should look at how much a certain project costs, use minimal amount of money, and then pay it on time. On the other hand, we must also have a fine for the briefcase or fake contractors. They are awarded a contract, but they cannot handle it. Sometimes a contractor is given a chance to work, but he does not deliver. There are some fines that have been recommended. Whoever asks for a job should manage it. We should also avoid some contracts. The Chairman of the Departmental Committee on Finance and National Planning should look at how long Mitihani House took to be completed. It took between 28 and 30 years. A project that is supposed to cost a certain amount of money costs 10 or 20 times more. We know that some contractors liaise with procurement officers to intentionally delay payment. They raise certificates making the Government to pay interest. We need to call out such contractors so that they can deliver on time."
}