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{
    "id": 472506,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/472506/?format=api",
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    "content": "of the report are available. There is need to overhaul the Public Procurement and Disposal Act in its entirety because of the challenges that the national Govenrment and the county governments have experienced in dealing with procurement issues. Mr. Deputy Speaker, Sir, a very comprehensive review is already being undertaken by the Government and, in due course, those amendments will come. However, this particular Bill seeks to address specifically the issue of affirmative action in respect of disadvantaged groups. As I speak, there are regulations that already exist, which require procuring entities to provide for 30 per cent of all the procurements. However, this Bill will anchor those provisions in law. Mr. Deputy Speaker, Sir, I just want to highlight a few issues that deal with affirmative action for the disadvantaged groups, including three groups; women, youth and persons with disabilities. That is very significant because it is these three groups that are identified as marginalized in the Constitution and addressed in terms of giving them opportunities through affirmative action in this Bill. Mr. Deputy Speaker, Sir, the other thing that comes up in this Bill, which is important, again, is the clear provision that all procuring entities will be required to set aside 30 per cent of all the procurement value of that entity. For some of the institutions that is a substantial amount of money. There are institutions in the Government that are involved in huge programmes and projects. It may not be practical for some. For example, institutions like KenGen or Kenya Railways have huge projects that require engineering and so forth. That may make it difficult to meet the 30 per cent rule because of the values. The value of the contract of the Standard Gauge Railways (SGR) runs into hundreds of billions. However the requirement provision in the Bill is very clear that the entity is required to submit a report that will explain if there is any deviation or failure to meet that requirement. They must give justification. The report from that entity will be tabled in Parliament, so that it can be subjected to scrutiny. Section 39 is very clear on the 30 per cent. It provides for a reporting and implementation mechanism for that policy. It is also very clear in several sections how that will be implemented. Mr. Deputy Speaker, Sir, we, as a Committee, will be coming up with a number of amendments and I will go into that very briefly. I want to mention here that even within the 30 per cent, there are disparities that need to be addressed. Perhaps, we might need to look at it. For example, if you look at the category and I think Sen. Njoroge from People with Disabilities (PWD) will agree with me, that it is open to all women. If you look at the three categories, the category that has the capacity to undertake or to participate more effectively in this arrangement even from practice if you check with Treasury, it is women. It is open to all women, including our Senators and other women from all walks of life. The question is: Is there a need to limit if you tell the procurement entity that 30 per cent must go to these three groups, do we need to say a particular group should not take more than 50 per cent? Otherwise, there is a risk that in practice today, 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."
}