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{
    "id": 695115,
    "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/695115/?format=api",
    "text_counter": 1246,
    "type": "other",
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    "speaker": null,
    "content": "Mr. Deputy Speaker, Sir, there is expenditure without authorisation which is a basic minimum irreducible legal obligation. There is expenditure without authorisation. There is lack of prudence and that is an indicator of lack of leadership. There is total breakdown of governance. There are no institutional frameworks that can support governance even when the chief executive is not around. In fact, you heard in his testimony that when he is not around - and he was not around - when he came back things were haywire. The only conclusion one can make is that, the system is deliberately so centered on that one person. It is so weak on its own self that it cannot survive without that central operative. That is not how we want to run our counties. That is not the job we gave governors. We gave them the power to execute executive authority in the counties but in accordance with the law. The standard is the law and not your judgment, feelings or discretion, but the law. In this present instance, we have seen so many violations and the explanation being given as we have seen from the responses are admissions. We admit this, but we the records and we have given them to you. We admit this happened but we did not correct it on time. When these charges are filed, people rush to have meetings to sanitise records. Is that the way that this Senate wants us to run our counties? Mr. Deputy Speaker, Sir, I say this deliberately because the message you will send to all the 47 counties is that if you can do and fashion your activities in this manner, you can escape liability and accountability. However, if you raise the baseline to a standard that has to be complied with, then there shall be order in the counties. This is similar to the jurisdiction provided in the Employment Act of summary dismissal because there comes a time when the employment of an employee is untenable. We urge the Senate to consider the people of Nyeri County. We have been told that, this can be resolved by discussions and going to commissions. Why has it never been done? It is only being proposed now to escape the sanction of removal. Secondly, Article 181 is not profiled in a manner that it arises from a graduated process that first, you have to demonstrate that you talked, went to an independent commission and then you went to the Senator’s office. It is not graduated in that respect by law because it is acknowledged that from the facts as they are, a situation can be discerned that requires immediate action by the Senate and that is the action of removal of the governor. Mr. Deputy Speaker, Sir, we urge that you uphold the charges. The governorship of Governor Nderitu Gachagua the Nyeri County is no longer tenable and that on the material that is before you, you have more than enough and sufficient reason to do so. On behalf of the County Assembly of Nyeri, we have the confidence and we are inspired by your sense of duty under Article 96. That is to protect the counties and their governments. That is the role of the Senate but from whom are you protecting the counties and the governance? It is from persons within the system like the governor who are hell-bent and have intentionally set out to ensure that, that system does not realise the functions of and objectives of devolution. Mr. Deputy Speaker, Sir, with that, I will invite my colleague to close for the few minutes remaining. However, I am confident and happy to know that you have been keen to look at the documents, evidence and hear the testimonies. We were even deceived from this podium that the county assembly frustrated the payment of bills of electricity, that we moved budgets from the health sector. The records are with you. There was zero deviation. This is an indicator of the 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."
}