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"content": "(b) records in writing the reasons for using the alternative procurement procedure.” Mr. Martin Nyaga Wambora, however, does not have a tender committee in his county. So, he could not have been guided by this particular law. Mr. Speaker, Sir, although, in his response, the Governor indicated that restricted tendering was used as the procurement method, there was no evidence whatsoever to demonstrate to the Committee that Section 29(3) of the Public Procurement and Disposal Act, which I have cited above, had been complied with in the purchase of the vehicle and, in particular, that the approval of the tender committee was sought and obtained. From the evidence, therefore, the Governor and the county secretary procured these vehicles without the approval of the tender committee as required under Section 39(3) of this Act. Mr. Speaker, Sir, may this House note that a procuring entity may use restricted tendering or direct procurement as an alternative procurement procedure only if, before using that procedure, the procuring entity obtained written approval of its tender committee. The tender committee was not there to record in writing the reasons for using the alternative procurement method. Such writing at any meeting was not there. So, Governor Wambora and this lady county secretary, should tell us who are they to take public funds, in their unique relationship or whatever it is. Sen. (Prof.) Lesan, who is a professor of gynecology, attempted to go there and we told them do not go there. So, it is not on record."
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