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{
    "id": 550755,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/550755/?format=api",
    "text_counter": 206,
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    "content": "The principles of leadership and integrity in Chapter Six of the Constitution as amplified by the Leadership and Integrity Act are also guiding principles of public procurement. It is that way so that leaders do not engage in, for example, conflict of interest. You do not sit in a tender committee where a company associated with you is either interested in bidding or somebody related to you is a participant in that process. So, there are issues about conflict of interest and other leadership and integrity requirements as guiding principles under this Bill. Finally, Mr. Temporary Speaker, Sir, regarding the issue of international standards, you will find that in this clause, the principles governing the procurement profession and international norms are also part of the guiding principles of this Bill. Kenya is a member of the World Trade Organization (WTO). There are certain international treaties that are part of the WTO system, including the agreement on public procurement. Therefore, based on Kenya’s membership to the WTO and further on our own Article 2(5) of the Constitution that talks about the international law provisions being part of the law of Kenya, this Bill tries to mainstream the international best practices and norms as part of our procurement practices in our Country. Allow me to highlight a few Clauses in Part II. Clause 7 deals with the role of the National Treasury. However, the whole of that Part II is about the various role players and the institutions that have been created to deal with public procurement processes. One of the role players is the National Treasury and its role in matters procurement will remain policy formulation. This stems not only from the Constitution but also the Public Finance Management Act (PFMA) which is a framework law on all matters that have monetary implications on Government. The PFMA empowers the National Treasury to exercise certain policy functions in these matters of finance, including procurement. Mr. Temporary Speaker, Sir, the other institution other than the National Treasury is the Public Procurement Regulatory Authority (PPRA). This is the replacement of the current Public Procurement Oversight Authority (PPOA). This is a new institution and its work will be to enforce standards, supervise the system of Government procurement at all levels and investigate complaints against procurement processes that are deemed not fair and such like functions. The PPRA will be under the leadership of our Director-General (DG) who will be in charge of the day-to-day operations and overall leadership of that institution. Other than the Public Procurement Regulatory Authority, another vital institution created by this Bill is the Public Procurement Regulatory Board (PPRB). So, there is the PPRA and now the Board. The work of the PPRB is to appoint the DG, among other things, and also to give policy guidance in their implementation. In other words, the PPRB will exercise management functions over the PPRA. The PPRA is the Secretariat if you like; the institution that deals with day-to-day matters of procurement. Mr. Temporary Speaker, Sir, the Board will have a Chairperson who will be nominated by the Cabinet Secretary and appointed by the President for a term of three years which is renewable. There will also be other four appointees nominated by the Law Society of Kenya (LSK), the Institute of Certified Public Accountants of Kenya 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."
}