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{
    "id": 854969,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/854969/?format=api",
    "text_counter": 138,
    "type": "speech",
    "speaker_name": "Sen. Mutula Kilonzo Jnr.",
    "speaker_title": "",
    "speaker": {
        "id": 13156,
        "legal_name": "Mutula Kilonzo Jnr",
        "slug": "mutula-kilonzo-jnr"
    },
    "content": "The word used in Section 56 is „or‟. The amendment by the Committee which I disagree with uses the word „or‟ when it comes to the county assembly. Have we reached a situation where we can allow governors of this country the discretion to enter into PPPs without concurrence of the county assembly? The answer is “no.” The word must be „and‟. We must agree that at the national level, we have a better framework and mechanism, but since our special mandate is to protect counties, we cannot mirror Section 56 on Section 54A. To that extent, Section 54A (5) reads: “A feasibility Study completed under sub-section (3) shall be approved by the county government prior to initiation of the procurement process for the project provided that: a) Where such studies show that the project will require national government support measures of any other project specific guarantees that cannot be granted by the County Government or b) Exceeds the threshold that have been prescribed by the Cabinet Secretary, the county government contracting authority shall obtain the approval of the nnational Treasury prior to commencement of the tender process.” It must go to the county assembly for approval before procurement. That is the problem that Governor Chepkwony had. Imagine Governor Chepkwony or any other governor entering into a Kshs25 billion contract in good faith without the approval of the county assembly. He committed the county for 25 years and the county assembly was not involved. To pass such a Clause would be injustice to our counties. What Sen. Sakaja is saying is correct. We can actually subcontract the work of garbage collection et cetera, to private contractors under a PPP arrangement. However, since the county assemblies will appropriate money for these PPPs, they must be involved. In the case of Isiolo, we must say “no” to PPPs in matters of health, where they appear to have delegated the responsibility to a phantom company. We must say no to that because it is not a PPP, but something akin to embezzlement. It is a fraud; where you open a joint account and transfer money to a third entity and then that third entity takes money from the health budget and pretends that they can offer health services and yet it is a Non-Governmental Organisation (NGO) whose objectives are not offering health facilities. That is called fraud."
}