28 Jul 2021 in Senate:
Mr. Temporary Speaker, Sir, where there is no written contract or the contract does not provide for a date for payments, this Bill ensures that payments are due 90 days after. Once you have submitted all the documentation required, a payment becomes due after 90 days. For example, if you are delivering goods and have provided the invoice, the delivery notes, the Local Purchase Order (LPO) and all the other requirements according to the Public Procurement and Assets Disposal (PPAD) Act, the payments become due 90 days after that.
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28 Jul 2021 in Senate:
Let me just list a few of those requirements- (1) Receipt by the purchaser of an invoice for the amount due, where the invoice is received after the completion of works or completed delivery of the goods or provision services; (2) The completion of works, delivery of the goods or provision of services, where the completion or delivery is made at the time of or after receipt by the purchaser of an invoice; (3) Such a lesser number of days as the Cabinet Secretary may, by notice in the Kenya Gazette, under Section 10 (2) prescribe. Mr. Temporary Speaker, “procuring ...
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28 Jul 2021 in Senate:
Mr. Temporary Speaker, Sir, Clause 3 of this Bill provides that this Bill shall apply to payment due for all goods, works, and services procured by the national Government, county governments and private entities. What that basically means is that this Bill applies to all the commercial sectors of this country. I beg other countries in this region to emulate this Bill because I think that this is a game changer.
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28 Jul 2021 in Senate:
Mr. Temporary Speaker, Sir, a procuring entity shall pay a supplier by the prescribed payment date. A procuring entity who fails to pay a supplier by the prescribed payment date shall, unless otherwise agreed to and subject to Clauses 5 and 6 of this Bill, pay an interest to the supplier in accordance with the Clause on the amount due under the contract for the supply of goods, works, or services.
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28 Jul 2021 in Senate:
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.
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28 Jul 2021 in Senate:
A procuring entity shall pay an interest under this Bill for the period beginning on the day after the prescribed payment date and ending on the date on which the payment of the amount due is made. We already said that the prescribed payment date is 90 days after you have all the documentation. After that, the interest starts accruing. Mr. Temporary Speaker, Sir, it is illegal to procure for either goods or services for things that you do not have a budget for. If you have a budget for it, then you must have the finances to pay. The ...
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28 Jul 2021 in Senate:
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.
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28 Jul 2021 in Senate:
There is also a penalty clause in the Bill which I will state. It states that interest shall not be waived. There is also a caveat. Once this interest is accrued, according to the Bill, the supplier is not allowed to waive that interest. I felt that this should be so because in a business transaction people can agree to waive. The reason that I kept that clause and I was supported by the Committee on Finance and Budget, is because there is what we call balance of power. For example, they say he who pays the piper, calls the ...
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28 Jul 2021 in Senate:
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.
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28 Jul 2021 in Senate:
If we leave it at that, every entity will have its interpretation of the amount of interest. We have made it clear so that even in the courts and everywhere, it is easier. It is the best lending rate that is published by the Central Bank of Kenya (CBK). If this month the CBK rate was 15 per cent, that is what you will get divide by 12 months because you cannot get an interest of the whole amount. The next month if it is 16 per cent, that is what you get until now you get paid.
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