Economy

AG to give final nod on public contracts

duale

The Bill is sponsored by Majority Leader Aden Duale. FILE PHOTO | NMG

All public contracts will have to be approved by chief government legal advisers as Parliament moves to enact a proposed law that seeks to cushion taxpayers in cases of tender fallout.

The Government Contracts Bill, 2018 requires the nod of the Attorney-General before the national government signs a contract with any party. It also demands that contracts entered into by county governments be cleared by the county attorneys before they are signed.

“All contracts... shall, subject to the pecuniary threshold, be cleared by the Attorney-General or the county attorney, respectively, before they are signed,” states the National Assembly Majority Leader Aden Duale, the bill’s sponsor.

The proposed law limits participation in government tenders to contractors who have never been convicted of an offence under the anti-corruption laws. Among other basic information, the contractor is required to declare all his commercial interests. They should also state clearly that they have not directly or indirectly paid or agreed to pay “a facilitation fee (bribe) to any individual for solicitation, negotiation or obtaining the deal.”

The Bill, currently at the committee stage, comes in the wake of halted civil proceedings against Nairobi County Government by contractors demanding payments for services offered to City Hall.

In January Controller of Budget Agnes Odhiambo revealed that Nairobi County accounted for 62 per cent of the Sh96.4 billion debts that the 47 counties accumulated in the 2016/2017 financial year.

She told Parliament that the pending bills had grown further in the current financial year to reach Sh99.2 billion, adding that there was need for a fresh audit on the mounting county governments’ debt.