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{
    "id": 523367,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/523367/?format=api",
    "text_counter": 200,
    "type": "speech",
    "speaker_name": "Hon. Gikaria",
    "speaker_title": "",
    "speaker": {
        "id": 2489,
        "legal_name": "David Gikaria",
        "slug": "david-gikaria"
    },
    "content": "left out. The office is only in Nairobi. How will most of the youth say, from the far end of Mandera, Isiolo and the farthest end of this country be able to come and have their companies registered? It is one thing to say that a certain percentage should be set aside for these groups but at the same time even an ordinary able Kenyan cannot have enough money to register a company for him to benefit from these procurement opportunities. So, it is also important for us to look at the Companies Act, Cap. 486 and see how best we can reduce the burden on the people who are not that wealthy to come and register companies. If you look at the requirements by the National Construction Authority (NCA), specifically on issues to do with the construction industry, they are so punitive. For you to obtain registration for a certain category within the NCA, you have to pay hefty fees. This is going to stop so many other groups and the less fortunate members of the society from registering companies. So, do we need to bring down the registration offices at the county level? We need to start looking at that direction so that people do not spend so much money coming to Nairobi and paying a lot of money to have the Articles and Memorandum of Association through the lawyers. Of course it is a requirement that has to be followed. They are just standard documents, but if you try to go to any lawyer, the amount of fees that is charged is just too much. So, decentralisation of the registration of companies is something that we need to look at, not in this law but maybe in the respective law. Hon. Temporary Deputy Speaker, most of the procuring entities out there, be it in the national Government or county governments, introduce some other requirements in the tender documents which are not backed by law. This aspect where the procuring entity is introducing some very unqualified requirements which are not backed by law is something that has also brought a lot of issues in terms of disqualification of genuine groups of people. This is something that we need to address. I remember one of the instances is that you are required to attach some documents which are not backed by law. Certificates of registration are supposed to be stamped by a Commissioner for Oaths as true copies of the originals. If, indeed, they need to be there, they must be incorporated in law so that we do not use those small issues to try and kick out or put barriers to interested parties. I have seen and I have gotten so many complaints from my constituency that there are so many issues which are being introduced into the tender documents that are really not backed by law. The other bit is on court cases. We need to borrow from the electoral process. If the Constitution did not address the time period for petitions, it would be hectic. We used to have cases stay for five years only for a ruling to be made after the term of Parliament has expired. Is it possible, especially for the flagship projects, to have some timelines within which the Judiciary has to conclude matters in case of any litigation? I am saying this because hon. Chris Wamalwa just mentioned the laptops issue. This process was supposed to have been finalised, but some people went to court and we are not certain when these cases will ever end. On the Standard Gauge Railway (SGR) project, there was a report which was brought here by the Public Investments Committee (PIC) to which hon. Wamalwa is a member. They gave a clean bill of health to SGR. I do not know why he is speaking about it again. Basically, for the flagship projects we need to think whether we must give 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."
}