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{
    "id": 523272,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/523272/?format=api",
    "text_counter": 105,
    "type": "speech",
    "speaker_name": "Hon. (Eng.) Gumbo",
    "speaker_title": "",
    "speaker": {
        "id": 24,
        "legal_name": "Nicholas Gumbo",
        "slug": "nicholas-gumbo"
    },
    "content": "Hon. Speaker, Part V of this Bill talks about internal organisation of procuring entities. One of the things that I am most proud of is the fact that I am a Kenyan and given a second chance in another life, I would request to be born a Kenyan again. One of the problems that we have had in this country--- I think it affects professionals virtually from all cadres. I think in any form of procurement, even if it is an international bid, it has to by all means transfer maximum benefit to the people of Kenya. We have had many cases, especially some of us professionals in the built-up environment; you have people who come from outside using the international treaties. They engage in professional services in this country and at the end of the day, not only do they take away knowledge but they also take away capital from our country. I think as we look at this Part V we have to find a way to make it mandatory that when we are procuring and engaging in international competitive bidding, we have to confer certain mandatory benefits on the people of Kenya. Part V is good. If you look at Clause 44, it talks of internal organisation of procuring entities; it clearly defines the responsibilities of an Accounting Officer. This removes a lacuna; many times we have had cases where you have ping pong between the procuring department and the Accounting Officer. Therefore, by clearly defining and setting out the responsibilities of the Accounting Officer, we are removing the lacuna. Clause 48 talks about sector-specific procuring and disposal agencies. I think this clause in way will indirectly refer to what I spoke about, where you have to look at procurement in specific sectors and treat it differently. This is because if you put everything together, then the point may be lost. I have looked at Clause 73 and I think this is the clause which talks about invitation to tender. I think some of these provisions have clearly been put here---I have been in this business for a while now, that is for over 20 years; it is not a short time. I think some of these provisions that have been put here, particularly the ones that have been put in Clause 73, in my view, belong to those who tender. Clause 76 talks about submission and receipt of tenders. What we have seen in the past is that sometimes people lose tenders not because they are unable to perform the task at hand but because of the mischief involved in the receipt of the tenders. Right now anybody who has engaged in tendering in Kenya knows that some of the mandatory requirements that you have to meet are like a tax compliance certificate. Sometimes somebody, purely out of mischief, will pullout the tax compliance certificate. Perhaps, it is not possible to encapsulate everything in an Act of Parliament. However, I think as we go forward it will be important to make sure that there is a way of recording all the submissions, so that people are not disqualified merely out of malice and mischief. Clause 88 talks about international tendering and competition. I think I alluded to this when I said that whether we do international tendering and competition, whatever it is that we do, ultimately maximum benefit must be transferred to the people of Kenya. This is because I am not aware of any country in this world which has grown using capital from another country. Therefore, when we see a lot of big international contracts going on and Kenyans get what we would probably describe as mere leftovers, I think that is not right. So, whatever we are going to do, particularly in the regulations, it will be nice to clearly stipulate the minimum returns that the Kenyan bidders acquire. It should be clearly stipulated that when people come here from outside to engage in international 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."
}