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{
    "id": 693947,
    "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/693947/?format=api",
    "text_counter": 78,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "and at no point is the Governor involved in the formation of these structures. Indeed, if the Governor interferes with procurement matters, is that a ground for impeachment because then it amounts to gross? There is no evidence which has been annexed that the Governor interfered with any procurement process. They are saying that there was lack of prudence in refurbishing of building amounting to Kshs81 million in contravention of Article 201 of the Constitution. Again, the procurement person will testify that rent for this building costs Kshs172,000 per month. The Kshs10 million which they are saying here is actually rent for five years. So, are they saying that that money has not been used prudently? Secondly, the Kshs41 million was used to renovate the County Government Headquarters but not the Governor’s Office. The County Government Headquarters in Nyeri comprises numerous offices; that is more than 20 offices to be precise. There are boardrooms and offices and furniture was bought and all that. So, can you say that it was not done prudently? Why are they creating the impression as if this money was spent on the renovation of only the office of one person; in this case the Governor? So, there is no nexus with the Governor at all. More importantly and of great significance is the fact that this money was sent and spent at the county level during the transition period. There was a legal framework known as the County Transition Finance Management Act which lapsed. When governors were sworn into office on 27th March, 2013, there were officers who were sent there by the Transition Authority (TA) to manage affairs in the County Government in that transition phase pending the governors settling and we have evidence to that effect. So, you cannot simply ignore that this money was actually accounted for by the TA but not the Governor. So, on what basis are you going to impeach the Governor concerning money which was spent and utilised. Granted he was the Governor but on what basis are you going to ask him to account for money which was used by lawful agencies that were established by law to help the Governor to settle? There is that evidence. So, we cannot ignore legislation and claim that the Governor spent this money imprudently yet there were structures of accountability at the time on a transition basis. Mr. Speaker, Sir, I just want to point one page of evidence to demonstrate that point so that we bring it to a close. That is in Volume IV of the Governor’s bundle. There is a page there which is absolutely critical. That is Page 150 where you will see a letter from the TA signed by the then Chief Executive Officer, Steven Makori. All county governments were allocated money for renovations at this time. These monies were accounted for and spent by the team that was seconded by the TA to the county governments on interim basis and this was anchored in legislation. So, how can you then say that the Governor illegally spent that money? Lastly, there is an issue pending in this Senate for audit purposes. So, is it not premature to impeach a governor on an issue which is pending in this Senate for audit purposes? It is our submission that that charge does not meet the threshold. Later, the procurement officer in the county will take you through the details of the procedures which were followed in acquiring this building. I will then go to Page 14 of Volume II of the Governor’s bundle. That is the main document I keep on referring to. There is a charge there of splitting of tenders. Our response is on page 14 of the Governor’s documents, Volume II. There is a charge there of splitting of tenders contrary to Section 30 f the Public Procurement and Disposals Act. Here, the procurement officer will testify that there were no tenders which were split. These were separate tender items. You cannot procure a plumber to do electrical work. It is as simple as it can be. But The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}