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{
    "id": 461357,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/461357/?format=api",
    "text_counter": 300,
    "type": "speech",
    "speaker_name": "Hon. Wakhungu",
    "speaker_title": "",
    "speaker": {
        "id": 1889,
        "legal_name": "Chrisantus Wamalwa Wakhungu",
        "slug": "chrisantus-wamalwa-wakhungu"
    },
    "content": "emergency had to come in. Those of you who have done finance know that the Letter of Credit is just to guarantee you that when you supply, there is availability of funds from which you will be paid. Hon. Speaker, if you go to the contract, you find that there is provision for the LC. After you have been awarded the contract and you produce the performance bond, that is the time you are allowed to sign the contract. It is very well highlighted and provided for that any company that has won the contract will be issued with an LC. This is where it started. Why is it that other four companies were given LCs but M/s Erad Supplies and General Contracts Limited was not given? So, when they went to court, there was arbitration. As a matter of fact, the arbitrator was appointed by NCPB, and not M/s Erad Supplies and General Contracts Limited. So, when the matter was taken to the arbitrator, the arbitrator awarded M/s Erad Supplies and General Contracts Limited. The company was given the arbitral award because of contravention of the provisions of the contract by the Government, and not because it supplied maize. So, I want us to be very clear on this matter. The law is like a double sword. You cannot give someone a contract and breach it, and then demand that merit should be on your side. I want this matter handled objectively. This is a House where people debate and come to a consensus. When those people went to the High for the decree, the lawyers were there. Everything is noted. They have even gone to the Court of Appeal. How is it possible for one to compromise the judicial process, right from the arbitration stage to the High Court and the Court of Appeal? Is it really possible? Today, we are celebrating a reformed Judiciary. It is not possible. This matter is being handled by the Court of Appeal. Hon. Speaker, it is, therefore, not in order for the Committee to come up with such a report. Where I come from, we grow a lot of maize. The NCPB is very critical to the people of the Rift Valley region. We should not come here to just make allegations for the sake of this report being adopted by this House. I was there. The report has inconsistencies in respect of which I request that they be corrected. That is what we want to talk about. I am happy that the Leader of Majority Coalition is here. He was here, praising Mr. Kinyua. Mr. Kinyua’s letter has misled the Committee because he wrote it when the contract had already been signed. So, to me, Mr. Kinyua’s intentions were not straightforward, having written this letter after the contract had been signed. So, we cannot come here and celebrate. Why did he not write the letter before the contract was signed? Secondly---"
}