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{
    "id": 610884,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/610884/?format=api",
    "text_counter": 242,
    "type": "speech",
    "speaker_name": "Hon. (Eng.) Gumbo",
    "speaker_title": "",
    "speaker": {
        "id": 24,
        "legal_name": "Nicholas Gumbo",
        "slug": "nicholas-gumbo"
    },
    "content": "Hon. Temporary Deputy Speaker, on page 3255 of the Bill, we have a definition of “consultancy services.” It is interesting that whereas in the Bill “consultancy services” is defined as predominantly of intellectual technical and advisory nature, I am concerned that definition is not in tandem with the realities in our country. Kenya has numerous professional bodies. You are a member of the Law Society of Kenya (LSK). I am a member of Association of Consulting Engineers of Kenya (ACEK), the Institution of Engineers of Kenya (IEK) and a registered consultant. These are professional bodies of repute. It also looks a bit contradictory that while this definition of “consultancy services” does not, per se, capture professional services, “professional bodies” and “professional services” is captured under the definition of “service.” So this is something that we will have to look at. I have also looked at the definition of contract period. Those of us who have been engaged in contracts will tell you that sometimes there is a lacuna because what do you really envisage and pronounce as the contract period? Would it not be the period within which you start the procurement of the contract at the time at which it can be used by the intended beneficiary? So when you say, for instance, that the contract period means the period between contract signing and the end of defects liability period, that itself possess a lacuna that also needs to be addressed at the Committee Stage. The definition of “public procurement” on page 3257 is important because I have seen cases in my life as a professional where even private organisations insist on procuring their goods and services using public procurement procedures. Would that then be allowed if we were to go with this definition of “public procurement”? I think the definition of “procurement professional” on page 3258 is important. I do not want to name names; I do not want to disparage any college here but recently we saw what was happening with a college here in Nairobi which was claiming to be training professionals. It was basically a conveyor belt for sale; purchase; buying and selling of certificates. These days you go to offices particularly outside Nairobi and you get someone who clearly is not a trained procurement professional. So I think this definition really must guide the principle of this Bill so that we weed out quacks from the profession of procurement. On page 3260 of the Bill, I have seen the definition for “registration of suppliers.” I am aware that in our country today, there are public entities which still continue to procure goods and services using lists of suppliers that they have in their rolls for over five years. That clearly is a violation. That clearly is an attempt to leave out other cadres of our society. The definition of “services” on the same page is a good one because clearly when you are talking about services, Kenya today--- A short while ago, I had the 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."
}