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{
    "id": 865111,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/865111/?format=api",
    "text_counter": 277,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "With this provision in place, we wish to notify the House – this is a legal opinion - that the amendment by the Hon. Member has efficiently been catered for under Public Procurement and Disposal Act of 2015. I am ready to table it. This is a legal opinion. In essence, the legal department is saying that we cannot over legislate. It is already provided for in the Public Procurement and Disposal Act, Section 44 (1) and (2) and it is also provided for in the same Act in Regulations 50(1) and 54(1). That is why we had issues with the Finance Bill. This House cannot make a budget which is hanging. Every budget must balance. Everybody is aware that the Government will not advertise for the procurement of goods and services, if it is not in the plan and if it is not in the budget. Of course, Tonui’s amendment further says that within 30 days they must pay. That is not practical in the real sense. Even the project that goes on in our constituencies, they go over a number of years. One can pay for services of goods in one financial year, and then in the next financial year they will pay for others and so on. So, a project can take a period of about six years. So, you cannot make a commitment and say that goods and services procured must be paid within 30 days. I wanted to indulge him after sharing with him the opinion of the legal department on that amendment. I really want us as a House to respect our technical team. Why should we legislate the Government contracts? The Government contract is only about contracts, it does not deal with procurement of goods and services. That is a separate law for the Procurement and Asset Disposal Act. I oppose."
}