29 Jan 2020 in Senate:
.: Mr. Speaker, Sir, Sen. Murkomen needs to relax a little bit.
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29 Jan 2020 in Senate:
Thank you, Mr. Speaker, Sir. As Sen. Orengo has said, it is extremely unfortunate that a matter this serious appears to have been taken very casually by the people representing the governor. It is so casual that once all of us have been sitted here the whole day, we collected our documents on Monday. The lawyers of the Governor did not find it fit to even file a formal application before you to explain why they could not comply with the statutory timelines. Mr. Speaker, Sir, even in a court of law, nobody would have allowed such an oral application. ...
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28 Jan 2020 in Senate:
Mr. Speaker, Sir, my good learned friend ought to make an election. In his preliminary objection that he has filed, in Ground No. 3, he wants this disposed off first before any other matter. He, therefore, has to be absolutely clear about what he wants to do first. This is because it presupposes that he wants this issue determined first, and, therefore, the other ones will follow by virtue of the decision that will be made by this House on this preliminary objection that is already on record. Thank you.
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28 Jan 2020 in Senate:
Mr. Speaker, Sir, therefore, a direction should be given that the County Assembly has not closed their case. If they have closed their case, we are reopening it. The rules will be that if Senators ask a question which needs clarification, every question that is asked, after it is completed, lawyers must re-examine it with their witnesses. Therefore, it is important to make that clear.
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28 Jan 2020 in Senate:
Mr. Speaker, Sir, I need your ear and eye. Can I proceed?
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28 Jan 2020 in Senate:
.: That direction on how the questions will be asked and whether all of them will be asked and then re-examination is done on either side is important so that we know how to proceed.
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4 Dec 2019 in Senate:
Thank you, Mr. Speaker, Sir. I rise to contribute to the Statute Law (Miscellaneous Amendments) (No. 2) Bill (National Assembly Bills No. 13 of 2018). The Chairperson of the Committee on Legal Affairs and Human Rights is here and we have approved this framework but I must say that this framework of doing legislation is wrong. I am proposing that the chapter on Public Finance Management Act and Procurement should not be part and parcel of our miscellaneous amendment in the manner that it is suggested here. I will highlight a few points that tell you that without the benefit ...
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4 Dec 2019 in Senate:
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 ...
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4 Dec 2019 in Senate:
Section 157(9) introduces a very interesting term. The contractors should know that there is a new term called ‘citizen contractor’. Who is a citizen contractor? The proponents of this Statute Law (Miscellaneous Amendments) (No. 2) Bill (National Assembly Bills No. 13 of 2018) are introducing issues that cannot be in a Bill like this one. Section 157(9)(B) states that: A procuring entity shall pay directly for the supply of goods, services or works to the citizen contractors under subsection (9). I have just highlighted that a local contractor is supposed to be paid within ninety days. A citizen contractor is ...
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4 Dec 2019 in Senate:
In view of the several things that are highlighted here, we have Kenya Fisheries Department and they have said that the whole section should be deleted together with the Advisory Committee. If we cannot remove the chapter on Public Procurement from the Statute Law (Miscellaneous Amendments) (No. 2) Bill (National Assembly Bills No. 13 of 2018) and if we cannot link the Public Procurement and Asset Disposal Act to the Public Finance Management Amendment Bills, then this Statute Law (Miscellaneous Amendments) (No. 2) Bill (National Assembly Bills No. 13 of 2018) should be rejected by this Senate because it is ...
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