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"content": "Hon. Senators, that brings us to the end of Divisions. Serjeant-at-Arms, you may withdraw the Bar and open the Doors."
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"content": "(The Bar was withdrawn and the Doors opened)"
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"content": "Hon. Senators, you will allow me to rearrange the order of today. We will straight away go to the Division of Revenue Bill (National Assembly Bills No.14 of 2024). Before that, I will allow Senators to contribute to the Statements that were raised."
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"speaker": null,
"content": "(Resumption of Debate on Statements)"
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"content": "Proceed, Sen. Cherarkey."
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"speaker_name": "Sen. Cherarkey",
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"id": 13217,
"legal_name": "Cherarkey K Samson",
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"content": "Mr. Temporary Speaker, Sir, I support your Statement on appointment of Chief Officers (COs) in Garissa County since August, 2022. Under the Constitution, a county government is complete after appointment of County Executive Committee Members (CECMs) and COs. It is unfortunate because under Section 148 of the Public Finance Management (PFM) Act, a CO is designated as an accounting officer. What is happening in Garissa County is tragic. They are in office illegally and unconstitutionally. A county executive is The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1406007,
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"text_counter": 335,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
"speaker_title": "",
"speaker": {
"id": 13217,
"legal_name": "Cherarkey K Samson",
"slug": "cherarkey-k-samson"
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"content": "only complete with CECMs, COs and directors in place. There are consequences of violation of Section 148 of the PFM Act. This is a serious Statement; it is not just an ordinary Statement. I would have expected the Committee on Justice, Legal Affairs and Human Rights and the Committee on Devolution and Intergovernmental Relations to immediately invite or summon the Governor of Garissa to explain to this House why COs have not been vetted and appointed. The process of appointment of county public service officers is very clear. When you appoint officers, they must be vetted by the county assembly. Finally, we have so much power. Under Article 225 of the Constitution, this House has power to stop disbursement of funds to Garissa County Government. I want to challenge the Controller of Budget (CoB)---"
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"speaker": null,
"content": "(Loud consultations)"
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"type": "speech",
"speaker_name": "Sen. Abdul Haji",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Hon. Senators, let us listen to Sen. Cherarkey in silence."
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{
"id": 1406010,
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"text_counter": 338,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
"speaker_title": "",
"speaker": {
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"legal_name": "Cherarkey K Samson",
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"content": "Mr. Temporary Speaker, Sir, I would like every Senator to listen to this with a lot of respect. I am speaking with a lot of authority as the Vice- Chairperson of County Public Accounts Committee (CPAC). Under Article 225 of the Constitution, this House has power to even stop funds because who is the accounting officer of Garissa County Government as at now? There is no CO as provided in Section 148 of the PFM Act. What the County Executive of Garissa is doing is illegal, unconstitutional and violates the law. That is why I want to talk about the third limb. When you look at Article 228(5) of the Constitution, it states that the CoB shall not approve any withdrawal from public funds unless satisfied that the withdrawal is authorized by law. Who is withdrawing the money for Garissa County Government if they do not have an accounting officer since August 2022? The County Government of Garissa must be called to order and held accountable. Mr. Temporary Speaker, Sir, I support you as the Senator for Garissa for bringing this to the attention of this House. It appears that what is happening in Garissa is a crime scene. Do you know why? The hospitals are not functional and there is no water. Can you believe that is the state? There is no water in Garissa Town, yet Tana River flows through that county? Secondly, you have a dysfunctional county government. Garissa County Government must be held accountable and must appear before this House, unless the governor is presiding over a criminal enterprise in Garissa County Government, which we shall not allow. Mr. Temporary Speaker, Sir, with those many remarks, I thank you and support your Statement."
}
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}