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{
    "id": 865110,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/865110/?format=api",
    "text_counter": 276,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": " Hon. Temporary Deputy Chairman, I have spoken to Hon. Tonui and I have a document from the legal department. The main objective of the Government Contracts Bill is to provide for the making of contracts on behalf of two levels of Government. First, this Bill does not provide substantial constructional obligations regarding the procurement of goods and services. The Public Procurement and Disposal Act 2015, Section 44 provides for the responsibility of an accounting officer. Section 44 (1) of Public Procurement and Disposal Act says: “An accounting officer of a public entity shall primarily be responsible for ensuring that the public entity complies with this Act.” In the performance of responsibility under Section 1, an accounting officer shall ensure that the procurement of goods and services of a public entity are within the approved budget of this House. That is exactly what Hon. Tonui wants. We cannot legislate twice. Already there is a law. I have looked at this amendment and what I am reading is the guidance of the head of the legal department in Parliament. If you look at the Public Finance Management Act, it establishes its own Regulations of 2015. Section 50 (3) of the Public Finance Regulations 2015 says: “An accounting officer of a Government entity shall make an expenditure commitment only against the procurement plan approved for that entity in accordance with the Public Procurement and Asset Disposal Act and the Regulations made.” Therefore, no public procurement can make a commitment without a budget and without a procurement plan. Section 54 (1) of the of the Public Procurement and Disposal Act of 2015 says: “Except as provided for in these regulations, accounting officer of an entity may not authorise payment to be made out of funds earmarked for specific activities for the purpose other than those activities.” 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."
}