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{
    "id": 610865,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/610865/?format=api",
    "text_counter": 223,
    "type": "speech",
    "speaker_name": "Hon. Katoo",
    "speaker_title": "",
    "speaker": {
        "id": 199,
        "legal_name": "Judah Katoo Ole-Metito",
        "slug": "judah-ole-metito"
    },
    "content": "will go to those bodies. The roles are so distinct, and include reviewing, operationalising, regulating, enforcing and monitoring procurement policies. There is also the Public Procurement Oversight Authority Board, to which members are now going to be recruited competitively by the Public Service Commission through the proposed panel. Again you have the National Treasury nominating eight members through professional bodies. I have talked about the importance of county government responsibilities. These bodies have been given powers to ensure that there is compliance to these procedures. The powers are set up in Clauses 34 to 43 of the Bill and they include investigation, inspection to see whether work is being done in accordance with specifications; regular assessment, review and audit as well as debarment. They are now allowed to do debarment for a minimum of three years to avoid briefcase contractors. It is also allowed in the Bill for parties to seek judicial review against any investigative or debarment order. The issue of procurement of contracts is now defined in the Bill, under Clauses 135 to 155, where the Accounting Officer has been given the responsibility of preparing a contract line that awards and ensures that any complex or specialized contracts are first cleared by the Attorney-General. This is very important. You will remember the Anglo- Leasing and Goldenberg scams. I remember at some point the Attorney-General of the Republic of Kenya said that he was never involved in the withdrawing of those contracts. The Bill now makes it mandatory, specifically under Clause 135; that any public contract worth more than Kshs5 billion must be cleared by the Attorney-General first before anything is done. That is very important. There is also the issue of preferences and reservation in the procurement, under Clauses 156 to 159. This is in accordance with Article 227(2) of the Constitution, where it gives preference to local contractors and local suppliers. It says very clearly that Kenyan firms should be given first preference in any procurement process. Even where goods are to be procured and not wholly or partially manufactured in Kenya, the Accounting Officer now shall give a report on evidence of inability to procure locally manufactured articles, materials and supplies; only mined in Kenya. Therefore that eligibility for preference is very much welcome. Hon. Speaker, I want to end by saying that this is a move in the right direction, especially in ensuring that there is accountability and transparency in the management of public funds. This is an area which has been shrouded with a lot of secrecy. I would especially like to invite the relevant Committee and Members to look into what is called ‘restricted tendering’; especially when it comes to people saying that a tender is restricted for security reasons. This House has the obligation of ensuring that ‘restricted tenders’ are clearly defined, so that some public officers do not take advantage of that excuse to unnecessarily get money out of taxpayers’ pockets. With those remarks, I beg to second."
}