Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 862588,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/862588/?format=api",
    "text_counter": 257,
    "type": "speech",
    "speaker_name": "Suba North, ODM",
    "speaker_title": "Hon. (Ms.) Odhiambo-Mabona",
    "speaker": {
        "id": 376,
        "legal_name": "Millie Grace Akoth Odhiambo Mabona",
        "slug": "millie-odhiambo-mabona"
    },
    "content": " Thank you, Hon. Temporary Deputy Speaker. I rise to support this Bill. Even as I am supporting it, I wish that our legislative drafters would not be lazy because it would have made sense if they consolidated it to the Public Procurement and Assets Disposal Act so that it would be something like Public Contract Procurement and Assets Disposal Act. This is because there is a lot of reference to the Public Procurement and Assets Disposal Act. Because they are dealing very lightly with similar issues, it would make sense for this Bill to have been a chapter in that Act. I am very happy that this Bill has been brought. It will bring a lot of sanity especially in our counties. However, it also requires a much higher level of qualification for our county attorneys because they are going to be dealing with very serious issues where they are going to obligate counties in contracts. Their role is equivalent to that of the Attorney General. My concern with this Bill is on the issue of timely payment of contracts done. At the county level, most of the counties engage people to do work for them, especially in the last dispensation. They do not pay them timely. Many people have been auctioned or lost their property because of lack of timely payment of bills by the counties. One of the things that we need to do is to provide a timeline that contracts done, especially by counties, need to find a given timeframe for payment. This should not only be for counties but even at the national level. There is a Bill that we had brought in the last Parliament. I do not know whether it passed. I think it was brought by Hon. Jakoyo Midiwo. If there is such an Act, there is no problem. However, if there is none, I think this Act should provide that. One of the other things that I am noticing is the laziness in drafting such as this provision: “In case of inconsistency with this Bill and other Bills, this Bill shall prevail.” Why do we wait to look for inconsistency when the Government is employing several drafters at the Office of the Attorney-General? Why can they not look for those inconsistencies and eliminate them so that we are not talking about inconsistencies between this Bill and other Bills. In any event, the legislative rule is that it is the latter Bill that applies. So, it really does not make sense even to provide that. I also want to say something in relation to Clause 3. It provides that: “Subject to Public Procurement and Assets Disposal Act, accounting officers shall ensure that all contracts are cleared by the Attorney General, especially for national Government.” This is good because it enhances accountability and transparency. I was a litigation counsel in the Office of the Attorney-General and, sometimes, some of the things that you would see being brought to us as litigation counsel were very problematic. However, the only challenge which I hope we do not face with the Office of the Attorney-General is that whenever you centralise, then monopoly tends to create corruption and sometimes it creates too much bureaucracy. I hope that will not happen. Clause 7 provides that all contracts by the county shall be in writing. There are times when people come to you and tell you that they have performed work for the county governments and yet, it is not in writing. Everybody needs to understand that if you have a contract that is not in writing, you are in trouble. 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."
}