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{
    "id": 895946,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/895946/?format=api",
    "text_counter": 132,
    "type": "speech",
    "speaker_name": "Rarieda, ODM",
    "speaker_title": "Hon. (Dr.) Otiende Amollo",
    "speaker": {
        "id": 13465,
        "legal_name": "Paul Otiende Amollo",
        "slug": "paul-otiende-amollo"
    },
    "content": " Thank you, Hon. Speaker. I wish to second the proposed amendments by the Hon. Member for Homa Town Constituency to the extent that the amendments are not in contradiction of the Report but consistent with the proceedings and observations of the Committee and, would constitute a logical conclusion to the two. Those amendments, in my view, are consistent with the law; they are consistent with logic, and their rationale is self-evident. The proceedings demonstrate that. I can confirm because I am a Member of the Public Accounts Committee that the company known as IDEMIA is not registered, so far as at the relevant time in Kenya – either as a Kenyan company or as a foreign company. It did not have any registered office or address of service; it did not have any local agent or representative. Those are the facts, self-evident on the proceedings. It, therefore, means that there was a breach of the Companies Act as already explained. What is more important is to understand that the reason for tendering is so that whoever wins the tender enters a contract. In law and logic, you cannot enter a lawful contract if you are not a legal person or a natural person. To that extent, it means IDEMIA was incapable of entering any contract; any such contract entered stands to be voided. It stands to reason that we have situations of companies being paid billions of shillings, even now. The companies then fail to deliver, cannot be found within the jurisdiction of this country and, cannot be sued because you cannot sue a non-entity. Therefore the taxpayers; money consistently gets lost. It is our obligation, in addition to the law or the Companies Act, as representatives of the people to protect the taxpayer. It is equally our role to ask the question of what happens when a company which is not registered wins tenders worth billions, as in this case, of over Kshs10 billion. How then do you pay tax? It means, in addition to all that, all the tax obligations are also avoided. It is my view that we must move, prescribe and require that entities follow the law before you do business with taxpayers’ money. You need to be registered, have an office and, have an agent. That is so that we can pursue you legally if anything goes wrong. In the situation we are in, it is impossible to pursue IDEMIA legally because, who are you pursuing? It is not a natural person; it is not a legal person. This is particularly important because this is a continuing impropriety. The company in issue is now the company that is also providing technology for what is called National Integrated Identity Management System (NIIMIS). Therefore, it is my view – as a Member of PAC, lawyer and Member of this House – that those proposed amendments should be carried. It is not just for this Report but for any other Report by either our Committee or any other. I beg to support and second."
}