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"content": "(ICPAK), the Kenya Institute of Supplies Management (KISM) and the Association of Professional Societies in East Africa (APSEA). There will also be two other members to the PPRB, one nominated by the organizations representing the youth and the other one by organisations representing persons with disability. That is a big departure from other bodies that have existed in this area before because for the first time we will have – within the PPRB – one member who is nominated by organizations representing persons with disability and another one nominated to represent the interests of the youth. The one representing the youth will be nominated by youth organizations. This is a good departure from what has been there. In terms of mainstreaming gender, participation and accessibility of both men and women to the largesse – that is procurement in Government bodies – is the fact that in the PPRB, the Bill requires, in Clause 10, that the PPRB must achieve the principle of gender parity, but not gender equity or at least one third rule as is the debate currently in other fora. In this particular context, there should be gender parity. The ratio of men to women must be 50:50. The youth will have a representative in the PPRB as well as persons with disability. Members of the PPRB must have a degree; be experts in a related area like law, procurement, accounting, economics and finance and so on. Of course, they must meet the requirements of Chapter Six of the Constitution. As I said, the function of the PPRB is to ensure the proper functioning of the PPRA. The term of the PPRA is three years and its members are eligible for reappointment once for another term of three years. The DG of the PPRA must be a citizen of Kenya. He or she must have a degree with 10 years’ experience in Procurement or Supply Chain Management matters. He or she must meet the requirements of Chapter Six of the Constitution. There is a very interesting provision here – I think this is as a result of what we have seen in this country before – that for a person to be qualified as a DG, he must demonstrate logical progression in acquiring academic qualifications so that you do not have somebody with a PhD, but they have no high school certificate or first degree or somebody with a master’s degree but there is no evidence that they went to primary school. It is now easier to manufacture documents contrary to the situation before. It is easy for some people to go to some streets and manufacture certificates or claim to have gone to a university that only exists in the sky or the internet. That will cure that mischief. Mr. Temporary Speaker, Sir, I also want to highlight Clauses 27 and 28 which deal with another structure; the Public Procurement Administrative Review Board (PPARB). The PPARB will deal with complaints about tenders and procurement disputes before they go to the High Court for judicial review. The Chairperson of the PPARB should have the qualifications of a judge of the High Court of Kenya. There will be 14 other members in the PPARB nominated by institutions such as the LSK, the Chartered Institute of Arbitrators (CIArb) - the Kenyan Chapter, the Certified Public Accountants of Kenya (CPA-K), the Association of Professional Societies in East Africa (APSEA) and so on and so forth. This is basically a dispute resolution mechanism. The PPARB will be 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."
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