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"speaker_name": "Hon. Kamau",
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"legal_name": "Jamleck Irungu Kamau",
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"content": "Thank you, hon. Speaker, for giving me this opportunity to also contribute to this Bill. By and large, I support this Bill. It is a good Bill, save for some few clauses that I am sure we can rectify during the Committee Stage. Basically, the Bill is good. If you look at Clause 173, it talks about the dismissal of frivolous appeals. In most cases, tenderers normally go to the Appeal Tribunal with very frivolous requests. Indeed, those are very time consuming. For us to do those things in the right way, it is important for us to make sure that there is a provision for costs for those frivolous appeals. This Bill takes care of that. Clause 173 is very clear that if somebody brings a frivolous appeal, the Board can slap some costs on that person. Therefore, that is the right way to go. I also know very well that we have been having serious problems with matters procurement in this country for quite some time. What is worse now is that corruption has been devolved to the counties. In the counties, we have a culture of doing bad things. It is important for us to pass this Bill that will address most of those things. I am happy because there are some counties which simply give out contracts to the people who supported them in the elections and the henchmen of the people who are in power there, oblivious of the simple fact that all those people in the county need to compete and make sure that service delivery is done to the counties. With this Bill, I am sure that everything will be done according to the law. The people who will be going against the law will face it. When I look at Clause 176, it provides for the right to judicial review to procurement. Indeed, it is the right of every tenderer to appeal even after the Appeals Board has made a decision. Previously, when somebody lost a case at the Appeals Tribunal, they rushed to the courts and the courts could stay for a very long time before they make a determination of that appeal. That has not been provided for. There is no time limit as to when the courts should make a decision once somebody makes an appeal. 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."
}