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{
    "id": 789275,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/789275/?format=api",
    "text_counter": 234,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale: Hon.",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "public service. We need to industrialise our counties. This can be achieved through sourcing of private equity. This law provides that the county governments have opportunity, when this law comes to effect, to build roads, factories and any other project in the interest of her people. Fishing vessels can be bought at the lake region; they can build abattoirs in the north; they can invest in the local resources found within their counties to do a project, either at the design, financing, construction, operation or equipping level. Clause 4 proposes to exempt the application of the Public Procurement and Asset Disposal Act to contract under this Act. There are good exceptions where the law gives special preference. Clause 7 of the Bill proposes to provide clarity on how county public-private partnership projects will be included into the bigger public-private partnership priority list. As is now the case, when the national Government engages other governments and donors in key projects which are in the priority list of the delegation led by the President or any other officer in the Government, what misses out is the priority list from the counties. There is no consultation done at the county level. Clause 7 provides clarity on how the county public-private partnership projects will be included in the public-private partnership priority list of the national Government. Clause 11 of the Bill proposes to amend the current principal Act of 2013 by providing procedures to be followed by contracting authorities when tenders are cancelled before execution of a project agreement. In a situation where a tender flops and a tender is cancelled, there are precautionary measures that contracting authorities must follow in order to safeguard the interest of the county as a government, the interest of the national Government and, of course, the interest of the contracting authorities or of the private sector. Clause 13 of the Bill proposes to simplify approval processes for public-private partnership projects at both levels of Government by reducing the number of actions necessary to be undertaken by the contractors. That clause deals with how to reduce bureaucracy. For example, when Garissa County, Nairobi County or Embu County want to borrow from the Exim Bank of China, the Exim Bank of India or the Exim Bank of the United States of America, there are a lot of bottlenecks and bureaucracies in the current law. Clause 13 is reducing those bottlenecks. It makes it easier. Now, it takes 18 to 24 months to access funding from the Bank of China, the Exim Bank of India or any other bank. How can we reduce that period to six months or one year? Clause 16 of the Bill proposes to amend the current principal Act of 2013 in order to increase the number of members for the Public-Private Partnership Petition Committee in order to provide sufficient number of members in the Committee with varying knowledge. So, it is increasing the numbers because we now have the county governments and professionals on board under this law. It also removes institutional conflict of interest. This will enhance the role and standing of petition committees as an independent respectable professional arbiter of public- private procurement disputes. The Standing Petition Committee on public-private partnership is being created as an independent body which will have the respect to provide advice and be a good respectable arbiter when a dispute arises between the public and the private sector. That is the end. I have said it is a small Bill but it has remained here in the House for some time. I beg to move. The sections in the principal Act which are being amended are provided in pages 2112, 2113 and 2114 of the Bill. With those many remarks, I beg to move and ask the Vice Chair of the Departmental Committee on Finance and National Planning, Hon. Waihenya Ndirangu to second. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}