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{
    "id": 927941,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/927941/?format=api",
    "text_counter": 98,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "relook at the proposed amendments from the Senate. I am happy that the Chair of the Departmental Committee on Finance and National Planning is here. As the Mover of this Bill, I am agreeable to most of the amendments proposed by the Senate. I thank them for improving the Bill. For the first time, they have made some very good improvements. However, I do not agree with seven amendments relating to Clauses 2, 4, 5A and New Clauses 20 and 70A. I am aware that the Departmental Committee on Finance and National Planning has proposed further amendments to the Senate amendments. Let me give the House the highlights so that as we go to mediation, we know what the bone of contention is. Why do we disagree with the Senate amendments? Mediation is provided for in the Constitution. Clause 2 of the Bill defines the term “transaction adviser”. The amendment intends to retain the definition as it is currently in the Public Private Partnerships Act of 2013, which allowed the contracting authority to appoint a transaction adviser and give a unit basis for hiring that adviser. However, we disagree with the Senate because it proposes to delete that definition and substitute it with something else which is not in line with the current existing Act. I will propose that New Clause 70A be amended to include the Cabinet in addition to the institutions listed below. Looking at the justification proposed by the Committee, it considered the proposed Senate amendments to the Public Private Partnerships (Amendment) Bill and proposed further amendments. Looking at the Order Paper, the Departmental Committee on Finance and National Planning is proposing further amendments to Clauses 2 and 4A. With regard to Clause 4A, the intention is to have at least three private sector members in the Public Private Partnerships Committee that will be formed. This will enable the Committee to draw from critical project- related professionals, among them engineers, lawyers and accountants on that particular project. When that Committee is formed, there must be three persons who will come from the private sector. The Ministry of Transport, Public Works and Housing has the State Department of Infrastructure and Housing, both of which are headed by Principal Secretaries (PSs). It is important for both PSs to be members of the Committee. The Senate amendments to the proposed New Clause 5A will be amended by inserting the words “before signing a project agreement” immediately after the word “maintain”. The reason or objective behind this is that the timing of public participation is crucial to the implementation of any large Government project. The public must be involved as stakeholders. This amendment intends to ensure that public participation is carried out before any project agreement is signed. That is why when the Government engages in big projects like the Standard Gauge Railway (SGR), the Port of Mombasa, roads or energy projects, there are a number of people who go to court and say that public participation has not been done. This is to make sure that before an agreement on public private partnership project is signed by the Government and other private entities, public participation must be exhaustively undertaken. As I give an opportunity to the Chair of the Committee to second and give a chance to the rest, I received a letter on mediation. I received a letter from the Law Society of Kenya asking me to attend a mediation that they want to hold between the Senate and the National Assembly on Division of Revenue Bill. Hon. Speaker, I have the letter here. They have already appointed a mediation committee from their side led by Mr. John Ohaga who is the appointed lead mediator. I really want to tell the Law Society of Kenya that they have not read the Constitution. Mediation belongs to Parliament between the two Houses. The LSK is neither a member of the National Assembly nor a member of the Senate. 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."
}