HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 232855,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/232855/?format=api",
"text_counter": 338,
"type": "speech",
"speaker_name": "Dr. Ojiambo",
"speaker_title": "",
"speaker": {
"id": 362,
"legal_name": "Julia Auma Ojiambo",
"slug": "julia-ojiambo"
},
"content": "Mr. Temporary Deputy Speaker, Sir, corruption in this country is considered as a national disaster. It negates the gains this country and Government are trying to make. Procurement has been used by corrupt individuals as a means of enriching themselves. This country spends nearly Kshs150 billion on public procurement every year. It loses about Kshs30 billion per year, through poor procurement practices. This Parliament must make it difficult for this vice to exist in this country. Mr. Temporary Deputy Speaker, Sir, this House enacted the Public Procurement and Disposal Act, 2005, to establish procedures for efficient public procurement and for the disposal of obsolete or surplus assets and equipment by public entities. The Public Procurement and Disposal Act was assented to over a year ago. However, the Act is yet to be fully operationalised. It has nevertheless, to some extent, improved the procurement environment, like curbing corruption and making Government procurement more transparent and accountable. Mr. Temporary Deputy Speaker, Sir, the Public Procurement and Disposal Act has, however, one major limitation. It does not allow for the regulation and monitoring of professionalism of the procurement officials in the private sector. This limitation creates loopholes through which past poor practices can sneak back into play once the Act is fully operationalised. Indeed, the Public Procurement and Disposal Act is one of the major reforms that have taken place in this country in the procurement sector. It has dealt with the first reforms, namely, establishment of a strong and well functioning procurement system governed by a clear legal framework establishing the rules of transparency, efficiency and mechanisms of implementation, coupled with institutionalised arrangement that ensures consistency in the overall procurement policy formulation and implementation. Secondly, the Act has also recognised the need to have professional cadre of staff to implement and manage the procurement functions in this country. Indeed, Clauses 27 and 28 of the Public Procurement and Disposal Act recognise a procurement agent, even though they do not define whom this agent is and where he or she will come from. This limitation has caused a major setback in the operationalisation of the Public Procurement and Disposal Act. The Act further recognises that professionalism is important in implementing an efficient procurement system and, therefore, calls for the establishment of a professional organisation which is the subject of the Bill that we are considering today. Mr. Temporary Deputy Speaker, Sir, the Supplies Practitioners Management Bill addresses the second initiative of the Public Procurement Sector Reforms by providing a legal framework that regulates professional competence, qualification and integrity of the procurement professionals in both the public and private sector. This Bill addresses the aspects of bringing professionalism to those carrying out and managing the procurement function. Secondly, the Bill recognises the procurement profession; that it has become of age and needs to be regulated. Thirdly, the Bill further encompasses both the public and private sector professionals. It puts in place a comprehensive legal framework that harmonises standards across the profession. Finally, the Bill by regulating the profession, promotes best practices and, therefore, demonstrates a standard of competence for the benefit of the business environment. The Supplies Practitioners Management Bill establishes a legal framework that is intended to regulate the procurement profession. Therefore, in this respect, the efforts of the Kenya Institute 3978 PARLIAMENTARY DEBATES November 28, 2006 of Supplies Management and the Public Procurement Directorate have been harmonised by this Bill to ensure that the institutions do not overstep each other's mandate. In summary, this draft Bill provides the following: Administration, examination, registration and licensing, arbitration, disciplinary, financial and miscellaneous provisions to ensure that the ethics and integrity of the profession are protected. Lastly, it provides a schedule and conduct of business and affairs of the council of the Institute. Mr. Temporary Deputy Speaker, Sir, under Clause 3(1), the Bill establishes an institute to be known as the Kenya Supplies Management Institute; a body corporate capable of suing and being sued. The Institute will be managed by a council consisting of nine people. These include: A chair who must be a qualified supplies practitioner and shall be elected during the annual general meeting. There will be also a board of professionals. There will be are other Members of the Institute elected by the same body of professionals, the Permanent Secretary, Ministry of Finance and the Director of Directorate of Public Procurement. The chair and any other appointed member of the Council shall serve for a period of three years and will be eligible for one more term of three years. Mr. Temporary Deputy Speaker, Sir, in Clause 9 the post of a chief executive officer, who is the secretary to the Council, is created. He or she shall hold office for a five-year-term, renewable for one more term, if found suitable. In Clause 12, the Examinations Committee of the Council is established, and will consist of five persons who are qualified practitioners nominated by the Council, 12 of whom will come from institutions of higher learning. Two persons will be nominated by the Minister for Education; from the Kenya Institute of Education and another one from the Kenya National Examinations Council to oversee the quality of training. One person will be from the Commission for Higher Education and one person will be from the Directorate of Public Procurement. The functions of the Examinations Committee are outlined in the Bill. They will be basically to deal with syllabuses, courses and examinations and to report back to the Council. In Clause 15, the Registration Committee to carry out the function of registering persons who are qualified to be registered under this Bill is established. In Clause 23, a Disciplinary Committee is also established. I would like to also just say that this Bill does not intend to frustrate the practitioners by disciplining them, but will rather set out enough checks and balances in their profession. In that way, practitioners will find themselves performing more efficiently and will respect their own individual contributions, and by refusing enticements to engage in corruption from outside and within the profession. They will be free to make use of any of the provisions that we have put here to govern disciplinary measures. In summary, the Bill aims at closing loopholes in the Public Procurement and Disposal Act that we enacted last year in this House. Secondly, this Bill aims at clarifying who a procurement professional is, whom the Public Procurement and Disposal Act says shall be primarily responsible for ensuring that the public entity fulfils its obligation under the Public Procurement and Disposal Act. The Supplies Practitioners Management Bill, 2006 is urgent and important if this country's resolve to end corruption is to be realised. I want to say that this Bill is urgent, and I hope that hon. Members will discuss it in this light because it will help the Minister for Finance to move fast to implement the Public Procurement and Disposal Act. With those few comments, I beg to move and ask hon. Muturi to second the Bill."
}