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"speaker_name": "Mr. Muturi",
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"legal_name": "Justin Bedan Njoka Muturi",
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"content": "Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity to second this very important proposed piece of legislation. I hope it will add to the arsenal available to the Government, particularly the public procurement entities. This is because, as stated by the Mover, there has been hue and cry in every Parliament over waste of resources in public procurement processes. This House passed the Public Procurement and Disposal Act, 2005. In that Act, which has not come into operation, despite November 28, 2006 PARLIAMENTARY DEBATES 3979 receiving Presidential Assent, it is clearly provided that the date of commencement of that Act shall be by notice by the Minister. The relevant Minister in that Act is the Minister for Finance. It was envisaged that the Public Procurement and Disposal Act was to be an enlightened piece of legislation. A lot of references in it emphasize elements of professionalism within the procurement and supplies subsector. It is, therefore, imperative for that Act to be operational so as to enlighten the spirit of this Supplies Practitioners Management Bill, 2006. We find in various clauses that this Bill introduces serious professionalism in the subsector. As you know, year in, year out, we debate reports by the Public Accounts Committee and the Public Investments Committee. There is no single occasion when we do not find waste that is attributable to either shoddy procurement, underhand procurement procedures and inadequate professionalism in the way procurement of goods and services is done in the public sector. Therefore, this Bill recognises the need to introduce professionalism in the area of procurement. It also creates this profession. It provides a legislative framework within which the procurement professionalism is going to operate. It recognises that it is possible for somebody to train outside of this country, come here and prove to the Council to have attained certain benchmarks and qualifications that are recognised by the Institute that will be created by the Bill. People who will qualify to be supplies practitioners will be able to operate privately. Indeed, this Bill, if passed, will be a major step towards curbing waste in the public sector. We could have something similar to the Hippocratical Oath administered to doctors. We have been told, year in, year out, that under the Exchequer and Audit Act, Cap.312, the regulations that have been issued under it are meant to improve the public procurement sector. We welcome that. But this is a further step to acknowledge that it is not enough to get every Tom, Dick and Harry pretending to be an expert in procurement. It is for this reason that we have seen rampant waste. All the mega-scandals that have visited this country, and have been exposed, involved, in some way, some aspects of procurement. I think we have heard of Goldenberg, Anglo Leasing and others, some of which were at lower levels. Mr. Temporary Deputy Speaker, Sir, the point to make, and which I want the Government to appreciate, is that it is not enough to make these laws. We expect the Government to implement the laws. At the moment, there appears to be a serious disconnect between the law, as it is, and the law as is enforced by the Executive. Mr. Temporary Deputy Speaker, Sir, I do not want to get into areas that could be political. I could give examples which could include matters done this morning by this Government. This is a Government that does not follow the law. It does not respect the rule of law and separation of institutions. I want to confine myself to this Bill. I can see the Minister is getting excited. I consider this Bill very important, particularly for the public sector. However, I want to say that in this country a lot of attention has been paid to procurement, or supplies, in the public sector. This is for very good reasons. The Government does most of the procurement in this country. Many of the people who want to come to do business in this country want to do it with the Government. They will supply ships, motor vehicles and all manner of things to the Government. Therefore, a lot of emphasis will obviously appear to be placed on what happens in the public sector as opposed to the private sector. However, this Bill recognises that, even in the private sector, there is a weakness within the procurement sector. Indeed, I feel it is high time that those who care to do researches also ventured into the private sector. It is important that when we are told that the Government of Kenya loses so many billions of shillings through shoddy procurement deals, we hear what various private sector players also lose. Shaddy deals are not limited to the public sector. Of course, for ourselves as Parliament, we are concerned that we seem to lose so much. This is because one, we have had inadequate laws, and two, we have not specified who qualifies to be a procurement professional, or a supplies practitioner. It is for these reasons that as we improve the legal regime within which this profession is going to operate, we be careful not to set low benchmarks. I am happy that even though we talk about certificates in the Bill, we recognise that 3980 PARLIAMENTARY DEBATES November 28, 2006 other people will train at diploma and degree levels, and, indeed, even at the research level. If they meet the required benchmarks set by the council, they should be registered. Mr. Temporary Deputy Speaker, Sir, this Bill hopes to create a situation in which a private person can practise the profession of supplies management or procurement. I am also happy, as I second this Bill, to note that there are provisions to deal with those who breach the various codes of conduct. There is also a requirement that, on a yearly basis, supplies practitioners will be applying for registration certificates and will be required to meet rigorous conditions that the institute and the council will put in place. Mr. Temporary Deputy Speaker, Sir, I am aware that this Bill is a product of several consultations and workshops that have been held amongst stakeholders, both in the public and private sectors. A number of hon. Members have taken part in some of those workshops and training seminars, if only to bring them up to date with the practice of this trade. Therefore, the ideas contained in the Bill must not be seen to be alien to anybody. They have come from both the people at the Kenya Institute of Supplies Management and, indeed, those working in the Directorate of Procurement Management in the Ministry of Finance. I think, because of those consultations, the Bill is rich in its provisions. Mr. Temporary Deputy Speaker, Sir, as I conclude, I want to say that we must appreciate that not every hon. Member has seen the Order Paper, and some hon. Members may be worried about what is being debated."
}