19 Feb 2015 in National Assembly:
Hon. Temporary Deputy Speaker, again the Board should be independent, competitively selected and it should also have a process. Maybe we can create a panel that allows open applications to be received for the Board. We are also looking at the question of having a youth representative. I think that it would be in order given the preferential procurement model to have a youth representative in that Board.
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19 Feb 2015 in National Assembly:
Hon. Temporary Deputy Speaker, we have celebrated Article 227 of the Constitution. Tax obligations are a must in our country and we are saying that even in this procurement law, tax obligations and the sanctions that go with disobeying tax obligations are really well captured.
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19 Feb 2015 in National Assembly:
On Clause 14(3), a quorum of three members can transact business. I think that is wrong. In a country where procurement is such a problem we must have a well constituted board and we cannot have three members who can transact business. I think we need to look at that provision.
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19 Feb 2015 in National Assembly:
On Clause 27 which is the Public Procurement Administrative Review Board, I do not think there is any reason to create two boards in one law. I think that what the law here ought to create is a hearing tribunal to hear and review disputes of procurement and tendering. We need this because we have lost a lot of time in the courts on procurement and tender questions that should be reviewed at the earliest. If our economy and projects are to move, especially for those of us in the Jubilee Government who have seen quite a number of flagship ...
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19 Feb 2015 in National Assembly:
Hon. Temporary Deputy Speaker, this particular tribunal is extremely important and it will be made up of 15 members, which is a good number who can constitute themselves into panels of three and hear and review tendering disputes at the earliest. However, for these particular members again there would be no reason for the Cabinet Secretary to appoint all of them. I think the Cabinet Secretaru can appoint the chair who would have the qualifications of a judge and the other members because there is a list of professions that can provide these people. Those professional bodies provide individuals who ...
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19 Feb 2015 in National Assembly:
On responsibilities of Accounting Officers, it would be important for the boards to also have responsibilities. We in the Justice and Legal Affairs Committee have had occasion to interact with the Independent Electoral and Boundaries Commission (IEBC) on the equipment around the election and one of their major concerns is that the commissioners were not allowed to take part. They were not even allowed to oversee what the staff and the Chief Executive Officer (CEO) were doing on the procurement process. I think that the law must cure this. Commissioners and boards must be able to take responsibility for the ...
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19 Feb 2015 in National Assembly:
The same applies to the Judicial Service Commission (JSC). We have had a lot of problems with JSC and the procurement that has been done within the Judiciary. If this is to be cured it cannot only be the Accounting Officer. The way to cure this is to give responsibilities to the Accounting Officer and also the commissions and boards in terms of procurement matters.
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19 Feb 2015 in National Assembly:
Hon. Temporary Deputy Speaker, on methods of procurement in Clause 91, some definitions have been given and many methods of procurement are covered such as, two- stage tendering; the open tender and restricted tendering among others. I think we need a clause that requires as far as possible the open tendering system to be used. That would be the best. That in all the procurement that needs to be done as far as possible, the open tendering system should be used and only in very rare circumstances should the other methods be preferred. Even in those rare circumstances where pre-qualification ...
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19 Feb 2015 in National Assembly:
Hon. Temporary Deputy Speaker, Clause 92 speaks to that and that is the question of having complex, specialised goods, works and non-consultancy services where pre- qualification can be done. We might need to define the value. What is a complex? What is specialised goods works? If we leave it open, again it might be open to the Accounting Officers to keep declaring that every other contract falls in there so that they can escape the open tendering system.
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19 Feb 2015 in National Assembly:
On Clause 141 on the question of interest, which is again a very worrying situation for us here in Kenya, all of these contracts are based on taxpayer’s money. I think as a Legislature we can say that there will be no interest earned because any interest earned does not punish the body but rather punishes taxpayers who need a second project tomorrow. I think we need to look at this question of interest so that even if the contractor is owed money, that money should not attract any interest. Any interest attracted on that money remains taxpayers’ money. We ...
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