24 Feb 2015 in National Assembly:
an international agreement that restricts us from doing this, we must be able to strike the balance even as we have those kind of provisions in our laws.
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24 Feb 2015 in National Assembly:
Hon. Speaker, I have seen a very curious provision also in Clause 176 of this Bill. It tries to limit the ability of a Kenyan to access our courts under judicial review. First of all, judicial review is a preserve of the High Court. Once you choose to go to the High Court, you should not be allowed to go to any other place. Secondly, accessing the High Court for judicial review should not be conditioned--- I want to read that one also because this is one area we may need to amend. It states that before you can access ...
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24 Feb 2015 in National Assembly:
Hon. Temporary Deputy Speaker, they say that this percentage shall be prescribed in regulations.
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24 Feb 2015 in National Assembly:
So, it is not named here. So, somebody could put it at ten or 50 per cent.
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24 Feb 2015 in National Assembly:
This is a matter that should not go to regulations, hon. Temporary Deputy Speaker. It is a matter that must be settled within the main Bill.That is why I will move an amendment to ensure that it gets totally removed. If the courts want security for costs, let the courts set that, but the law cannot purport to say that before you approach the courts, then you must pay some money over and above what you are going to pay.
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24 Feb 2015 in National Assembly:
Hon. Temporary Deputy Speaker, you are spot on. In that case, you will be disadvantaging the participants to the tendering process. You are now telling them that some money must be paid. Really, what I am trying to avoid is this: Why would you want to limit the capacity of a person to approach a court on a matter not quite of a civil nature, but a matter of judicial review of a decision made, probably, by a The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from ...
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24 Feb 2015 in National Assembly:
procurement body? This is a matter that should be allowed to proceed without such kind of hindrance.
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24 Feb 2015 in National Assembly:
The major issue about this procurement law is the fact that we want to have an effective system that can help us do this. For us to be able to have that, timeliness is an important matter. Bodies charged to procure public assets and dispose of them must always bear in mind that we are doing this to ease doing business. Kenya has been ranked severally. This year, I saw we have been ranked very low. One of the reasons for the low ranking is our procurement law. We take so much time to do this. Even in terms of ...
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24 Feb 2015 in National Assembly:
Hon. Temporary Deputy Speaker, as I end this, I want to appeal to those concerned that these procurement rules are meant to make business easy. They are not meant to help you fester corruption or do tender rigging.They are meant to help Kenyans who wish to do business with the country do it easily, transparently, in an accountable manner, and in a manner that gets value for money for the country. Hon. Temporary Deputy Speaker, I support the Bill, but with the amendments that I have proposed. Thank you so much.
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19 Feb 2015 in National Assembly:
I am not clearly getting what hon. Ogari is saying.
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