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{
    "id": 482508,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/482508/?format=api",
    "text_counter": 308,
    "type": "speech",
    "speaker_name": "Hon. (Eng.) Gumbo",
    "speaker_title": "",
    "speaker": {
        "id": 24,
        "legal_name": "Nicholas Gumbo",
        "slug": "nicholas-gumbo"
    },
    "content": "I will quickly express my agreement with some of the provisions in the regulations. For example, Regulation 11(2) says that where a foreign firm applies under this regulation to undertake construction or project under Category NCA, such firm shall demonstrate to the authority capacity for--- This is so important. One of the problems we have had in this sector is that we have foreigners coming to Kenya and they pitch for jobs which really ought to be exclusively for Kenyans. I am glad that the National Construction Authority working with Parliament has seen it fit to limit the participation of foreigners only to jobs under Category NCA1 which is the highest category under this sector. It is very depressing. When this Bill came to Parliament in 2011, I expressed my displeasure at seeing foreigners, particularly the Chinese – I do not intend in any way to be prejudicial – working on sites which of necessity should be reserved for the people of Kenya. I am glad about the provision that these foreign contractors will only be registered under Category NCA1. Better still is Regulation 11(3)(d) which requires that they shall sub-contract to a local person or local firm not less than 30 per cent of the value of the contract work for which temporary registration is sought. This is so important. I am one person who believes that if Kenya is to grow, it is the people of Kenya who will grow Kenya. I do not see any reason whatsoever why a foreigner should come here with an incentive of wanting to make our country grow. Most times foreigners come here to make money and take it back to their countries. The requirement to transfer technical skills not available locally to a local person or firm in such a manner as the Authority may determine from time to time is so important. For instance, when Thika Road was constructed, this was a new experience in construction in Kenya as far as road construction is concerned. It is so important that now we are making it mandatory that you are not just coming here to do the work, but you are also coming here to transfer the necessary skills. The requirement under Regulation 11(3) that they shall not source for any other construction works, contract or project during the period of existence of the contract is so important. In my view, this is a way of weeding out buccaneers and people who come here as masqueraders. They come and get a contract and hide behind that contract to get more contracts. Regulation 11(4) states that registration shall be valid for a period of construction works and contract, or project. This needs to be enforced because if we do not do so then we are going to have foreigners working here. I said that it is not my intention whatsoever to be prejudicial because I am alive to the fact that there are also Kenyans out there who are looking for The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}