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"content": "devolution is not perceived by the people of Embu as being the one that visited on them the catastrophe of famine and loss of benefits that would have helped to take their children to school. Mr. Speaker, Sir, this Committee was informed that it is these concerns that led to the establishment by the County Assembly of a joint Committee of Agriculture, Livestock, Fisheries and Co-operative and the Committee of Public Accounts and Investments to investigate the matter of procurement of maize seeds by the executive in a report that we have annexed on page 10. The chief officer had not provided documentary evidence to prove that the necessary procurement method was allowed in the procurement of DK8031 maize seeds. I want to pause here, but even after the Governor had defied the advice from the technical committee, he never subjected these seeds worth millions of shillings to the Public Procurement and Disposal Act. He just woke up one morning went to his office and said: “Let the seeds be procured from that particular company”. It was the responsibility of the Governor to appear beyond that response and tell us why he chose not to observe the public procurement law that requires transparency and competitiveness. Is he a friend to one of the dukawallas in Embu or was he one of the hidden directors in the companies that provided these particular seeds? These are important questions of accountability on which an oversight House like this one is expected to pronounce itself. Mr. Speaker, Sir, on the issue of procurement of works for face-lifting of the stadium in Embu, the County Assembly states that the Governor, through his office, initiated the works for the face-lifting of the stadium without involving the user department and other technical departments in total violation of Section 26(1) and Section 26(3c) of the Public Procurement and Disposal Act, 2005. The county assembly convinced us, in its statement or particulars of allegations, that the head of the user department was on record stating that she had not been involved at any point in the procurement process. In support of this, the county assembly made reference to the report of the joint committees of infrastructure, youth and sports on face-lifting of Embu stadium which you will find attached on page 53, annexture one. Mr. Speaker, Sir, the Governor, through his office, further had received bills of quantities for the face-lifting of the stadium long after the tenders had already been floated. In fact, he received it on 30th December, 2013, while the tender works were floated on 22nd October, 2013, a very clear violation of Section 26 of the Public Procurement and Disposal Act. What the county assembly stated was a clear indication that the bills of quantities appeared to be a deliberate effort and an after-thought to regularize an otherwise irregular procurement process. They could come fool the auditors, fool the committees of the county assembly and also attempt to fool this Senate. When challenged, the Governor stated that he was not personally involved in the award of the tender and that it was the accounting officer and the procurement officials who were in charge of the tendering process as required under Section 27(2) of the Public Procurement and Disposal Act, 2005. He further stated that the award of the tender was The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}