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{
    "id": 610768,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/610768/?format=api",
    "text_counter": 126,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "This law is designed to open up Kenya’s procurement market to very fair competition. This law aims to promote free movement of goods and services and to put into consideration the disadvantaged groups in our country by giving them preference and reservations in public procurement. That is also in line with the Jubilee Manifesto under the leadership of President Uhuru Kenyatta. The following are the salient features of this Bill:- Hon. Speaker, Part I of this Bill; that is, Clauses 1 to 6 mainly contain preliminary matters. Clause 2 makes provision for the interpretation of terminologies used in this Bill; terminologies such as “assets”. “Asset” as a word has been defined in this Bill. “Public procurement” is defined to mean procurement by procuring entities using public funds. To allow the application of the law with the value under the Constitution, Clause 3 of this Bill specifically spells out the guiding values and principles of public organs and procuring entities in discharging their functions under this Act. They deal with public procurement and asset disposal, national values and principles as provided for under Article 10. They must be followed. Equality and freedom from discrimination as provided for in Article 27 of the Constitution must be a guiding principle. Affirmative action programmes provided for under Articles 55 and 56 of our Constitution must be a guiding principle in as far as public procurement and asset disposal is concerned. Finally, principles of integrity under the Leadership and Integrity Act, Chapter Six must be a guiding principle in public procurement and asset disposal. To address any potential conflict between the provisions of this law with international agreements that this country has signed or Kenya is a party to, Clause 6 of this Bill makes specific provisions to that effect. Therefore, terms of the treaties and agreements shall prevail. Part II which encompasses Clauses 7 to 32 of the Bill mainly relates to bodies involved in the regulation of public procurement. How many bodies are involved in public procurement and asset disposal? Such bodies are the National Treasury, the Public Procurement Regulatory Authority (PPRA) and the Public Procurement Administrative Review Board (PPARB). So, Part II of the Bill; that is, Clauses 7 to 32, deals with those bodies which are involved in the regulation of public procurement. Clause 7 particularly specifies the role of the National Treasury in public procurement and asset disposal. Here, the National Treasury has been mandated to oversee the overall policy formulation with respect to public procurement and asset disposal. In so doing, this Bill proposes to empower it. It gives the National Treasury more powers. Which are those powers? The National Treasury under this Bill has the powers to formulate, evaluate, promote and do research on national and county public procurement and asset disposal policies and standards. So, they will develop the standards. They will promote, evaluate and do research for both the national Government and the county governments in public procurement and asset disposal in terms of policy and setting the standards. Secondly, the National Treasury has been given powers to develop policy guidelines for efficient public procurement and asset disposal system for the national Government. The National Treasury has the powers to develop and review policy on procurement of common user items in the public sector. Clause 8 of the Bill establishes the PPRA as a corporate body and Clause 9 sets out the functions of that Authority. It is in the Bill. Clause 10 deals with the establishment of a board consisting of seven persons to manage the affairs of the Authority. How to select and the functions of the board are set out in 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."
}