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{
    "id": 1506033,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1506033/?format=api",
    "text_counter": 359,
    "type": "speech",
    "speaker_name": "Molo, UDA",
    "speaker_title": "Hon. Kuria Kimani",
    "speaker": null,
    "content": "curing this in clauses which are further ahead. For example, clause 14 is bringing in conduct of due diligence. It states: “(2) The conduct of due diligence under subsection (1) includes but is not limited to obtaining confidential references from persons with whom the tenderer has had prior engagement, visiting contractor's offices, inspecting the plant and equipment and completed works, in addition confirming the validity of the documents presented.” So, this time around, it is not just about fabricating papers to show you are competent. Now, an accounting officer will have an obligation to write confidential letters seeking clarification on whether the work was done. Failure to do so will be an offence. Also, if the tenderer supplies substandard goods, you will note that clause 26 states: ‘(2A) A person who certifies or delivers substandard goods or works that are incomplete, nonexistent or whose quality is below the specifications contained in the contract commits an offence.” This offence is punishable by law with a fine of Ksh1 million and imprisonment not exceeding 10 years. Most importantly, you are supposed to make a loss twice the amount of that contract. There are hefty fines for not doing due diligence and awarding a firm that is not competent. If the firm knows it is incompetent there are fines for bidding work yet they know they are unqualified. On Hon. Nyikal's question about unfair competition. This is where foreigners come to Kenya and register their firm as local using local identification. If this House approves these amendments, this will be an offence on both the foreigner and Kenyan who agreed to be used by a foreigner to register a firm to appear like a local one. Whereas, the beneficial owners are foreigners."
}