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{
    "id": 951554,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/951554/?format=api",
    "text_counter": 121,
    "type": "speech",
    "speaker_name": "Sen. Orengo",
    "speaker_title": "The Senate Minority Leader",
    "speaker": {
        "id": 129,
        "legal_name": "Aggrey James Orengo",
        "slug": "james-orengo"
    },
    "content": "through an entire process where due diligence is done and many people are involved, including the Attorney-General, when it is a contract of this nature. Similarly, when there is need to cancel a contract which has been awarded like the one we are talking about, its cancellation goes through a legal process. So, this is a legitimate question to be inquired into by the relevant Committee. Madam Temporary Speaker, if you remember, in the Anglo Leasing matter, the President decided that the money must be paid and it arose in circumstances where the Government of Kenya decided to cancel the contract. There were proceedings in an international tribunal. It did not matter the decision that the Government of Kenya had taken and we ended up paying a lot of money. Similarly, Tanzania tried to start a new airline which was a good effort by the Government of Tanzania. However, when the first plane landed in Johannesburg, it could not leave. So, cancellation may cause a lot more problems than trying to find a lawful way of terminating the contract, if it must. That is an important question for this Committee to look into. The other question is the actual decision by the President. Under the Public Procurement and Asset Disposal Act, there is a process for cancelling a contract. So, I do not understand how the President would cancel. If he did it, then the Constitution says that it must be in writing. That is a legitimate question to be looked into and answers given. Having said, we should be careful about the huge capital contracts and projects which the Government has been undertaking. I have said before that President Kibaki was wary of not eating more than he could chew in terms of debt, borrowing and undertaking projects. In Ghana, Lake Volta which is the largest manmade lake in Africa was a good idea. However, eventually it was one of the reasons which brought President Kwame Nkrumah down. The country was taken through a lot of problems because a lot of resources were used to the neglect of other projects and other needs. I am seeing a situation in Kenya where we undertake projects which, probably, are not well planned for and overpriced. In Siaya County, we have many dams which were built during the colonial days. They still exist. How the colonial Government was able to do them with little resources and without loans and merely using internal and national resources is something which needs a case study. Many projects were done during that period without a lot of borrowing. Madam Temporary Speaker, in the current circumstance, we should look into the possibility of the building of dams as a way of scheming money. When one realizes that it is too much to bite, they target certain areas and stop projects in certain areas while allowing certain areas to go on. This is something that we should look at. This Government should think seriously about the manner in which it conceives projects and implements them. Once a project is planned and budgeted for, whether the revenue is locally or externally raised, there should not be a problem about finishing those projects. There is no project under the Public Finance Management Act (PFM) that can be undertaken without a plan, budget and appropriation. It cannot be done. I understand more than Kshs20 billion or Kshs30 billion was paid. How it was paid and from which The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}