5 Mar 2015 in National Assembly:
With those few remarks, I support the Senate amendments.
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19 Feb 2015 in National Assembly:
Thank you, hon. Speaker.
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19 Feb 2015 in National Assembly:
Thank you, hon. Speaker. I would wish to make my contributions to this very important Bill. I take note of hon. Gumbo’s contribution because he has fundamentally tackled some of the issues that I would have wished to raise. The basis of this Bill is Article 227 of the Constitution. Like we all know, the Constitution is the supreme law. For this Article to have found its way into the Constitution, it means that the matter before us is very important to this country and to Kenyans at large. This Article 227 requires this Bill to have salient features like ...
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19 Feb 2015 in National Assembly:
Going further, the Article requires that the Bill should provide for any of the following: Categories of preference in the allocation of resources; categories of people who were previously disadvantaged; sanctions against contractors who have not performed according to professionally regulated procedures; sanctions against people who have defaulted on tax obligations, or are guilty of corrupt practices. It is important that we interpret this Article because it is the basis of what we are discussing today.
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19 Feb 2015 in National Assembly:
Public procurement is a very important area in any country because it is a big business in a political process. Therefore, the law regulating such a business must be such that it should deliver value for money. Ten per cent of our Gross Domestic Product (GDP) goes to public procurement. This translates to 60 per cent of our annual budget. If The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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19 Feb 2015 in National Assembly:
we look at the annual budget today which is over Kshs1.9 trillion, 60 per cent of this budget will translate to over Kshs1 trillion. Put that way, hon. Speaker, then all of us should be able to appreciate how big this business of public procurement is. In fact, if this business is well managed, it has the potential to kick start the required economic growth and development of any nation.
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19 Feb 2015 in National Assembly:
Perhaps, historically, it is important to note that we did not have anything that we would have called sound procurement law in this country. It is only in 2001 that this country was forced to come up with the famous Exchequer Regulations of 2001 which translated to the Public Procurement and Disposal Act of 2005. The mischief is that because public procurement controls a very big market, the powers that were there then did not want to have any law because they were able to manipulate this market. To prove my point, hon. Speaker, it is only after 2001 that ...
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19 Feb 2015 in National Assembly:
Even with the law, we have had challenges because of political patronage. In all these scandals that I have mentioned, there is the invisible hand of political patronage. According to the latest Ethics and Anti-Corruption Commission (EACC) survey, over 80 per cent of all the corruption cases that they investigate relate to public procurement. One of the weaknesses has been failure to promote our local industries like hon. (Eng.) Gumbo has mentioned. There is also conflict of this law with other laws.Going through this Bill, I have various concerns. One of my concerns, like hon. (Eng.) Gumbo has mentioned, is ...
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19 Feb 2015 in National Assembly:
Looking at the Bill, the whole thing has come back in Clause 5 where it says that any other law that is in conflict with this, in matters of procurement, is null and void. As professionals, there is an outcry. There is a feeling that for the professionals to be regulated, the new law should take into account that most of these professions have their remuneration order, which is supposed to promote the professions and also to take care of consumers. I also intend to liaise with my colleagues here to bring the necessary amendments to that clause, so that ...
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19 Feb 2015 in National Assembly:
case of complaints, you appear before it. It is the court on public procurement matters. In this Bill, the membership of the Board shall be 15. My concern is that a few professionals should not monopolise the Board. It should reflect the face of Kenya because procurement is a concern for the whole country. Very important professionals have been left out such as surveyors, valuers, IT experts and economists. The Bill has provided for 15 members, but I feel that members of these other professions should also be included. The matters and issues that they deal with keep on coming ...
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