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"id": 247072,
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"content": "QUESTIONS TO BE DEFERRED UNTIL COURT CASE IS CONCLUDED Hon. Members, some time ago, there were three Questions that were asked on the Floor of this House, but could not be answered because Ministers responsible claimed that they touched on matter before the courts. Mr. Speaker undertook to give a ruling on those Questions. I will, therefore, read the ruling regarding the Questions. I ask hon. Members to listen carefully. Hon. Members, you will recall that on Tuesday 28th March, 2006, a Question by Private Notice by the hon. Member for Bomet Constituency, Mr. Nick Salat, was listed on the Order Paper to be answered by the Minster for Trade and Industry. The Question read as follows:- June 14, 2006 PARLIAMENTARY DEBATES 1371 (a) Could the Minister table the report of the Task Force that investigated the procurement of Pre-shipment Verification of Conformity (PVOC) to Standard Services by the Kenya Bureau of Standards on 13th, February, 2006? (b) What is the Minister doing to implement the Task Force Report? In response, the Assistant Minister for Trade and Industry indicated that he was unable to table the report as demanded, since it related to matters awaiting determination before court, under a Miscellaneous Civil Application No.1335 of 205 in Nairobi. The Assistant Minister further stated that the Report of the Task Force was meant to shed light on the award of the tender that was subject of the court proceedings. The Question was, subsequently, deferred to Wednesday 29th March, 2006, to allow the Minister to give the Chair the pleadings by the parties involved in the dispute, so as to assist the Chair in determining whether the issues contained in the Question were in deed, sub judice . The Assistant Minister was, however, unable to make available, documents to assist the Chair in making an appropriate ruling on the Question, when it came to the Floor on Wednesday, 29th, March, 2006, which necessitated its further deferment. Hon. Members, the Assistant Minister later provided the pleadings in the Nairobi High Court Miscellaneous Civil Application No.1335 of 205 and, in those pleadings, the applicant prayed for:- (a) An order or mandamus, compelling the respondent; Kenya Bureau of Standards, to provide full and detailed information of the valuation of all the relevant proposals for tender and Pre-shipment Verification of Conformity to Standards. (b) An order of prohibition, prohibiting the Kenya Bureau of Standards from signing any contracts, unless and until the said information has been provided, and the applicant has been given adequate and reasonable time to consider the same and act on it. All those issues are pending for determination in court. Hon. Members, I am informed that, subsequent to the award of the tender, the Minister for Trade and Industry constituted a task force to look into the process and circumstances surrounding the tender. The task force prepared a report which was submitted to the Minister. It is the subject of that Question. It is clear in my mind that, if the awarding of the tender was not contested by the applicant in the above case, the Minister would not have constituted a task force to inquire into the awarding process. The report being held by the Minister for Trade and Industry will definitely have a bearing on the case pending in court. It is my considered view, therefore, that the substance of this matter is"
}