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{
    "id": 400562,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/400562/?format=api",
    "text_counter": 482,
    "type": "speech",
    "speaker_name": "Hon. Ng’ongo",
    "speaker_title": "",
    "speaker": {
        "id": 110,
        "legal_name": "John Mbadi Ng'ong'o",
        "slug": "john-mbadi"
    },
    "content": "during the better part of this week. It surprises me when you Kenyans are involved in road accidents and then you see people rushing and instead of helping the injured, or saving them from that accident, they get busy removing money from their pockets. You understand why. Hon. Speaker, in 2004 - this is something that occurs after every ten years - we had a serious famine in this country. We had serious famine in 1994. We also had serious famine in 1984. Instead of the people put in positions ensuring that Kenyans have enough food to feed on, they see an opportunity to loot from the taxpayers. I want to congratulate the Public Investments Committee (PIC) for carrying out this special investigation and preparing this special Report. What was the genesis of this Report? Reading through the report you will realise that there were about seven firms, out of 81 which had picked the bid documents, which finally responded and out of them Erad had the highest quotation. Out of all of them, Erad had the highest quotation. Despite that, five firms were awarded approximately 40,000 metric tonnes of maize to deliver. Did they deliver? You realize that Erad Supplies, first of all, did not even have technical capacity. More interestingly, even the financial capacity to be able to supply to NCPB was lacking. Even though they lacked financial capacity to supply maize, having shown that their net worth was only Kshs665,000 and in the negative - this also brought question as to the going concern – still the people who were doing the tender evaluation did not see anything wrong with this. Erad Supplies could not even afford to secure a bid bond. Still those who were doing the tender evaluation went ahead and awarded them the tender. There was a requirement that for any firm to be awarded this contract, there was need to show, at least, three years experience in the tender document. This was not proved. Actually, Erad did not have that. Even in terms of personnel--- But where was the source? All the other firms quoted South Africa as the source of the white maize. Interestingly, Erad Supplies quoted Ethiopia. This is something that was “open plan” to loot from the Kenyan public. This House can only do justice to protect NCPB by passing this Report. Hon. Speaker, I know there have been questions as to the rule of sub judice and there are questions as to if the courts give award, as a House, would we still go ahead and recommend that the Government should ignore. There is a possibility, yes, that in the event that the Court of Appeal will rule in favour of Erad Supplies, then the Executive will have difficulties in implementing this Report. Hon. Speaker, to that effect, I seek to bring an amendment to this Report. I want to disclose that I have actually spoken to the Chairman of Public Investments Committee (PIC) and we were in agreement that this would be a good amendment to avoid putting this Parliament in conflict with the Judiciary. If you allow me, hon. Speaker, I will move the amendment:- “THAT, the Motion be amended by adding the following words after the figure “2013”. That subject to insertion of the words “in the event that the Court of Appeal rules in favour of NCPB in validating the entire transaction, the arbitral award and the resultant court decree before Paragraph 17 of the conclusion in Page 94 and paragraphs six and seven of the recommendations on Page 96 of the Report.” The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}