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{
    "id": 966630,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/966630/?format=api",
    "text_counter": 129,
    "type": "speech",
    "speaker_name": "Sen. Mutula Kilonzo Jnr.",
    "speaker_title": "",
    "speaker": {
        "id": 13156,
        "legal_name": "Mutula Kilonzo Jnr",
        "slug": "mutula-kilonzo-jnr"
    },
    "content": "proposed to insert a new section on the establishment of the Directorate of Urban Development and Management. The amendment on Clause 3A is an attempt to return what would have been the Urban Development Authority which has been objected to by Nairobi City County and other counties. That is a backdoor attempt to take over the work of the county governments in terms of urban planning. On page 421, we have amendments to the Public Private Partnerships Act 2013 (No. 15 of 2013). Clause 64(1)(b) is an amendment on variation of agreements. Part of this Clause states that: (b) In the case of county level projects, obtain the concurrence of the Cabinet Secretary where the relevant project is supported by a letter of comfort or such other risk mitigation instruments from the national Government. (2) The Cabinet Secretary shall by written notice issue thresholds on what may be deemed material amendments. This is an attempt to claw back on private partnership arrangements by county governments through the Cabinet Secretary. The same thing is happening with the Crops Act, 2013 (No. 16 of 2013). Sen. Orengo raised the issue of increasing the fines yesterday which is on page 424. We also have the amendment to the Public Procurement and Asset Disposal Act, 2015 (No. 33 of 2015) of somebody called a ‘local contractor’. Overleaf, we have an amendment to Section 43 and introduction of Subsection 8 and 9 where they state that any authority may enter any premises of a procuring entity. The amendments to the Public Procurement and Asset Disposal Act, 2015 (No. 33 of 2015) is possibly the reason as to why we have a Statute Law (Miscellaneous Amendments) (No. 2) Bill (National Assembly Bills No. 13 of 2018) and this is where they are hiding things. I am persuaded that the amendment to the Public Procurement and Asset Disposal Act, 2015 (No. 33 of 2015) should be deleted from this Statute Law (Miscellaneous Amendments) (No. 2) Bill (National Assembly Bills No. 13 of 2018) and a proper amendment Bill be filed. We have the second one on page 428 which is the amendment to Section 87. It states that:- ‘payment 87A. The procuring entity shall pay a successful tenderer within ninety days from the date of receipt of invoices and certificates for works, goods or services executed or delivered.’ Ninety days is three months. A certificate must be paid promptly. This Senate must reject some of these amendments. We have amendment to Sections 126(3) where they have deleted the expression of ‘twenty-one’ days to ‘fourteen days’ and they have not given people justification. There is also amendment to Section 145(1) which states that the performance security referred in Section 142(1) shall not generate interest and it shall be determined in accordance with the form provided in the tendering document. Interest is always due even when someone is not paid. 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."
}