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"id": 436514,
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"content": "Mr. Speaker, Sir, these are issues that anybody wanting to doubt the proceedings of this House must give us contrary evidence for us to migrate away from this unacceptable behaviour. As I have said, the vehicle was directly procured, not just one, but various motor vehicles from specific dealers for special amounts without any reference whatsoever to the tender committee in blatant disregard and violation of Sections 26(1), (2), (3) and (4) of the Public Procurement and Disposal Act. Mr. Speaker, Sir, this is not an allegation. To support this claim, the county assembly made reference to a letter of authority ordered by none other than Martin Nyaga Wambora, whose subject is “Procurement of Embu County Vehicles.” This is your bundle of documents on page 134 of Annex No.1. On this, it was argued by the Governor that he did not. However, as the Governor, he has personal responsibility because in purchasing motor vehicles, the county procurement department had not violated procurement procedures as it had used existing and valid Government Supply Branch contracts in respect of motor vehicles purchased from CMC Motor Group and Toyota Kenya Limited. Further, the Governor said that where the Government Supply Branch department do not float their own, other branch contracts exist. The Ministries of the national Government and the county Government supply departments do not float their own tenders, but use the short listed firms. But purchase of the vehicles then proceed according to them and in accordance with the vehicle engine capacities approved by the Salaries and Remuneration Commission (SRC). The Governor, therefore, argued that where the county government procures vehicles from approved firms, there can be no violation on the part of the Governor. Mr. Speaker, Sir, either the Governor was trying to be too clever by a half, or since he had a lot of reservations about us and this Senate, he thought we are a bunch of idiots. Yes, we could be a bunch of idiots, but who are we to say we are Albert Einstein? We could be a bunch of idiots, but they are the same idiots who the people of Kenya decided will represent them on the 4th of March, 2013. So, in our own idiocy, we then pursued the matter. We went and looked at the Act and found that even where such pre- existing tenders are there with the CMC Motors and Toyota Kenya, the Public Procurement and Disposal Act, in particular, Section 29(3) provides the following:- “A procuring entity may use restricted tendering or direct procurement as an alternative procurement procedure only if, before using that procedure, the procuring entity — (a) obtains the written approval of its tender committee; and 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."
}