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"content": "The Committee is holding hon. Kimunya responsible for the delay in consummating the tender for the printing of 1.7 billion notes, which was delayed for different reasons until the award was overtaken by the Cabinet decision for the joint venture. The issue of the joint venture is a Government matter. The terms of the joint venture are not in this Report. Whether this will be a breach of the Constitution or not, it is left for the decision-making process for the joint venture. Whether printing currency notes at Ruaraka using new equipment, under new management and new ownership will give Kenya value for money or not, that is a separate matter, for which hon. Kimunya cannot be indicted. As Cabinet, we have already given prescription of how the joint venture should be consummated. Mr. Temporary Deputy Speaker, Sir, it is important for me to repeat that the precedent- setting interim stop gap orders of 300 million currency notes were made before hon. Kimunya took office in February, 2006. It is on that basis of precedent setting interim order that all other orders have been made up to now. Up to now, stop gap orders have gone along the same way. As to why the consummation of the tender was delayed until it was overtaken by the joint venture decision of the Cabinet, it is not for hon. Kimunya to blame. One of questions that contributed to the delay was whether Treasury should have accepted the signature of the Acting Governor when the substantive Governor was still being tried for offences in a court of law, and his contract had not been terminated. Who was the valid Governor to sign those notes? According to her evidence, the Acting Governor of the CBK then, Mrs. Jacinta Mwatela, wanted to sign those notes but De La Rue refused and insisted that Treasury must authenticate the signature on the notes, and that such signature should be of the substantive Governor of the CBK. That was part of the reason as to why the tender was delayed. It is not Kimunya alone to be blamed for the delay. It is not Ndung’u, who even came much later to be blamed for that delay. Mr. Temporary Deputy Speaker, Sir, the Procurement and Disposal Act came into force on 1st January, 2007. It is in that Act where issues of direct procurement are specified. The new Constitution came into being in August, 2010. The PAC is indicting hon. Kimunya, under Chapter Six of the new Constitution, which was not in place at the time these decisions were made. The PAC is discriminating against hon. Kimunya in the middle of four Ministers. They spared hon. Mwiraria and indicted hon. Kimunya. They now want to spare the successors to hon. Kimunya, under whose watch the same interim orders were placed at the same price. So, the question arises whether, as Parliament---"
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