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"type": "speech",
"speaker_name": "Hon. Gaichuhie",
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"id": 17,
"legal_name": "Nelson Ributhi Gaichuhie",
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"content": "Hon. Temporary Deputy Chairlady, I beg to move: THAT, the Bill be amended by deleting clause and substituting therefor the following clause— Amendment of 2. Section 2 of the Public Private Partnerships Act, 2013, in this section 2 of No. Act, referred to as “the principal Act,” is amended by— 15 of 2013. (a) deleting the definition of the term “contracting authority” and substituting therefor the following new definition— “contracting authority” means— (a) at the national government level, a state department, agency or state corporation which intends to have its functions undertaken by a private party; or (b) at the county government level, the county government or county corporation which intends to have its functions undertaken by a private party; (b) deleting the definition of the term “transaction adviser” and substituting therefor the following new definition— “transaction advisor” means a person who has the appropriate skill and experience to assist and advise the contracting authority or the unit on matters related to a public private partnership. I want to go straight to the justification. This is just the definition of “transaction advisor,” which includes the term “accession” which is not used anywhere in the Act. It means it is unclear in actual legal practice and introduces uncertainty on what is intended. We believe this was a drafting error. So, it is also proposed that the words “including the preparation, accession and conclusion of a project agreement and financial” be deleted from the definition."
}