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{
    "id": 552167,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/552167/?format=api",
    "text_counter": 82,
    "type": "speech",
    "speaker_name": "Hon. Langat",
    "speaker_title": "",
    "speaker": {
        "id": 384,
        "legal_name": "Benjamin Kipkirui Langat",
        "slug": "benjamin-langat"
    },
    "content": "Disposal Bill (National Assembly Bill No. 40 of 2014). We agreed on the basis that the amendments are improving the Bill and some were very minor amendments. Hon. Deputy Speaker, Clause 33 talks about the functions of the county treasury with regard to procurement. The Senate made the amendment to say that the functions of the county treasury is to ensure that they promote preferences and reservation schemes for residents of the county to ensure a minimum of 20 per cent in public procurement at the county. That is to say that, at least, 20 per cent of the procurement from that county shall go to the county residents of that region. This is to ensure that many people in Kenya are given more opportunities to do business with the government. The Committee agreed on that since we will reach many Kenyans in their respective counties. The other amendment was on Clause 51 which was simply deleting the word “unlicensed” and it is just like a cleanup. The other amendment was under Clause 24. We had a bit of debate there because what the Senate amendment provided for was under the requests for proposals as a method of procurement. The Senate said that in the evaluation of those tenders, there will be 50 per cent on quality or technical performance and 50 per cent in terms of the financial capability. After debate, we however agreed with the Senate that we can proceed. It does not affect much but we had some debate. The other clause that we considered was 165 which the Senate is proposing a deletion of sub-section (1)(d). This is about the methods of disposing assets. That clause states that a procurement entity or a State organ may dispose assets to the members of staff. The Senate said that we should not allow staff who are working there to buy any of the assets. But if you look at that sub-clause and that is where the debate was, Clause 165 had a provision that in some circumstances, they can sell to the staff. Even in this House at the end of the last Parliament, Parliament allowed us to purchase the computers that we were using. I think most of the Members purchased at some price they had agreed. Anyway, we agreed to it but if you look at Clause 166, it gives further guidance. Overall, we agreed with the Senate Amendments but, of course, we had some reservations. The final amendment which they recommended was to Clause 176 which deals with offences and sanctions under the procurement law. What the Senate proposed was that if you commit a procurement malpractice, if you are a professional, for example an engineer or an accountant who is registered, then in addition to the other sanctions, the procuring entity may lodge a complaint to your professional body that can further sanction you. We agreed on that and said that it actually promotes professionalism so that if you are a professional engineer you must abide by the code of ethics of that professional body. I second and urge the House to agree with us to support the Senate on the amendments under Public Procurement and Asset Disposal Bill, 2014. Thank you, hon. Deputy Speaker."
}