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{
    "id": 601269,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/601269/?format=api",
    "text_counter": 92,
    "type": "other",
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    "speaker": null,
    "content": "(5)Whether it was true that the contactor was contracted to construct this road has abandoned the road; (6)Why the national Government has refused to take the offer by the contractor to leave the site amicably and allow the contractors to continue with the construction of the road; (7) Whether the funds of the construction of the roads are still available; (8)When roads that have been extravagantly promised under the annuity programme will take off; (9)Whether the non-completion of the road due to financial constraints implies that the Government is bankrupt; (10)Whether the payment of the Ksh265 million to the contactor is in consonance with the works done and if not, what action will be taken against persons who made the payment; (11) How much the contractor was awarded to leave site; (12) How much the Government paid in variations; and, (13) How much it would coast if the road was to be constructed by another contractor, and in the mean time as an urgent intervention, Kshs5 million to be set aside to clear the diversions that were created, so that the road can be passable. I beg to reply. The construction works commenced on 1st April, 2013 and were supposed to be completed on 31st March 2015. The percentage of the works completed so far is 2.36. So far, the contractor has been paid Kshs265,616,083.17. The contract sum is Kshs2,505,924,536.66. Mr. Speaker, Sir, the reasons for the delay in the completion occurred due to inadequate and late mobilization of equipment and personnel by the contractor, apparent cash flow problems by the said contactors and, finally, litigation entered into by the contactor after he was issued with a notice of termination. The completion of the project requires 24 months and in the likely event that the litigation is resolved by 25th December, the project will be completed in December 2018. I wish to state that the Government noticed that the contactor had problems even though due diligence was done before he was given the job. Being an international contractor, they even sought for the intervention of the Indian High Commission. He was given 10 per cent as per the agreement, but could still not deliver. So, he was issued with a termination letter. It is not true to state that the contractor for the Kakamega-Webuye project has abandoned the road. It was stopped by the Government due to the issues stated above; he could not deliver. The national Government has not refused to take the offer by the contractor to leave the site amicably. The contractor’s offer was made on 16th September 2015 and discussions are ongoing. This was after the contractor moved to the courts in The Hague in accordance with the contract for arbitration for interventions. The court ordered that the matter be referred for arbitration in September this year. After that, the parties have sat down and agreed and negotiations will commence this Friday with the contractor and the Government to see how amicably the contractor can leave the site and what he can be paid. 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."
}