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"type": "speech",
"speaker_name": "Sen. Kathuri",
"speaker_title": "The Deputy Speaker",
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"id": 13590,
"legal_name": "Murungi Kathuri",
"slug": "murungi-kathuri"
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"content": " Thank you. Next is Sen. Beatrice Ogola."
},
{
"id": 1495003,
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"speaker_name": "Sen. Ogola",
"speaker_title": "",
"speaker": null,
"content": "Mr. Deputy Speaker, Sir, I want to join my colleagues in thanking you for the wisdom in the Bill that we are discussing today. I want to state from the onset that this should have happened a long time ago. The role of the Senate is very clear in the Constitution. Under Article 96, the Senate represents the counties and serves to protect the interests of the counties and their governments. The mention of “county governments” is not only limited to the executive arms as stipulated in the Constitution. In passing this Bill, the Senate of the Republic of Kenya will have put devolution to work. I happen to have served in a county government, specifically in the executive arm. Therefore, I join my colleague, Sen. Gataya Mo Fire who also served in a county assembly in sharing the experience that county governments have over the running of the funds. Earlier speakers mentioned that county governments; in particular county treasuries, line up at the office of the Controller of Budget (CoB) and the National Treasury every other month to plead for approvals and for funds to be sent to the counties. That is not just a saying. I was a CECM in the County Government of Homa Bay. Every month, the County Treasury would go to the National Treasury. This defeat the purpose for which devolution was voted for by Kenyans. Even with the devolving of the CoB to the counties did not make it better. From the experience and observation that I had, it looked like the devolved COB at the county 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": 1495004,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495004/?format=api",
"text_counter": 130,
"type": "speech",
"speaker_name": "Sen. Ogola",
"speaker_title": "",
"speaker": null,
"content": "level just joined the county executive and worked hand-in-hand with them as if they were the same thing. As the devolution family, we have all along sympathised with the county assemblies of this Republic. Each month, when the county treasury received funds, it was time for the speaker, clerk and chairperson of the Budget Committee to line up. It was only the county treasuries led by the CECMs for Finance who had the key to unlock for county assemblies to get their monies. It is in that regard that I support this Bill. In making county assemblies to have their funds, we will only be strengthening separation of powers. MCAs oversight the executives, play a representation role of their wards, and also do legislation. How can they accomplish these constitutional functions if they do not have and are not in control of their monies? Even during budgeting process in the counties, county assemblies are on the receiving end. They have to negotiate with the executives on how much they will be given. It appears that county assemblies only accept what they are given by the executives. Therefore, I support that amendment. I agree with the Senate Majority Whip. Let us not have the clerk as an administrator. These funds should be run by the board as constituted in the county assembly. I would like to add my voice on this. The clerk should be given a functional role. Precisely they should be the accounting officers of the money rather than have them as administrator. In having the clerk as an accounting officer, we will be giving a function to the office, of course overseen by the board. The board will have a macro role in the running of the funds, but functionally, the clerk will be the accounting officer who will be answerable to the board. As the accounting officer, they will perform all the functions that have been laid down, including ensuring that the funds are not overdrawn. Earlier on, there was a discussion about the CoB. The question I keep on asking myself, which I also used to do when I was working in the county government, is why the CoB devolved some functions. Some counties now have an officer called the County Controller of Budget. If that is the case, why do officers of the counties still travel to Nairobi to get the same approvals if the County Controller of Budget has approved? He duly works on a day-to-day with the county treasuries and oversees the running of funds in the sectors of the county. Why then do we still have the CECM of Finance or the Chief Officer of Finance or the county accountant camping at the National Treasury or at the Office of the Controller of Budget (CoB)? One of the laudable Clauses we have is that the county assembly having got those funds will make financial reports to be submitted to the Commission on Revenue Allocation (CRA) and, of course, you have stated that it should be copied to the CoB. I support this because these are good practises in good governance. This means that the initial requests that the county assembly made can be compared by these constitutional commissions and ensure that the guidelines are being followed. I also support that the clerk who should then be an accounting officer, may authorise a staff to incur expenses, following the guidelines as stated in the Bill. The 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": 1495005,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495005/?format=api",
"text_counter": 131,
"type": "speech",
"speaker_name": "Sen. Ogola",
"speaker_title": "",
"speaker": null,
"content": "county assemblies as any other government entity have structures. They have a finance officer, an accountant and others. So, it is well that their accounting officer may authorise some of those officers to incur expenses. The other aspect that I support is on your mention of disbursement, “that just as county treasuries get their funds later by the 15th day from the commencement of the month, the county treasury shall in the same way also disburse the funds to the County Assembly Fund.” Mr. Deputy Speaker, Sir, if this is adhered to, the county assemblies will run with efficiency be more effective. Many times, their activities are disrupted because of lack of funds. If they will be running their funds, they will be having their work plan to strategies for their funds and their activities will be done at the right time. A number of times, the county assemblies are unable to perform their duties. This includes public participation, which is also spelled out in the constitution and which they must do. Sometimes they cannot work on certain county Bills, budgeting processes and even on the policies that are presented by the county executives. I remember when I was a CECM of Energy then, I had a policy on renewable energy that took a long time even when the county executive had approved it. This is because the county assembly had no funds to run their public participation. It meant that my committee then looked up to me as the CECM, to fund their public participation. Those are the kind of issues this Bill is trying to address. That the committees of the assembly would be autonomous and independent. It is until then that the work of the county assemblies will be beneficial to our people. I also realised that it spelled out in the Bill, that the CoB will have access to the bank accounts of the county assembly, if their funding is independently set aside. This will not only be limited to the county assembly, but also to the county executive and any other county entity that will be running any funds. I support this because this is only helping to ensure that there will be efficiency at the county assemblies. The main thing that we need to ensure by guaranteeing that the county assemblies have their money is autonomy and independence. I wonder if today our funding in Parliament would be controlled from elsewhere, if would we be able to run our calendars or accomplish what we are doing as Parliament yet the people expect us to represent them. This is the kind of mess and kinds of limits that the county assemblies have had. By passing this Bill, the Senate will have entrenched devolution. The county assemblies will stand out. I probably think that the lack of this Bill has necessitated the county assemblies to behave and operate as if they are an appendage of the county executive. How else would they operate? My colleagues have stated and even used undesirable terms some of which are demoralising to entities such as county assemblies, when we see as Parliament that county assemblies are now reduced to beggars. If you have to beg from somebody, they have to give you the terms. Therefore, let us pass this Bill and ensure that county assemblies run as envisaged in the Constitution. As I support, I also want to add my voice to the issue of salaries of the members of the county assemblies. We all go and we appreciate that even the elected Senators here 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": 1495006,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495006/?format=api",
"text_counter": 132,
"type": "speech",
"speaker_name": "Sen. Ogola",
"speaker_title": "",
"speaker": null,
"content": "are always at their counties. However, let us bear with the situation of the MCAs, that they are always with the voters. If you give them this kind of salaries - and I want to state in this House that, that was a push that was made by the SRC. Initially, at the onset of devolution, the salaries were at par. The Speakers of the county assembly are elected by the MCAs. They have no voting block other than the MCAs in the county assembly hall. How come they are given twice the salary of elected leaders who have to represent their people and have to be at the wards every other day. This is not an acceptable situation. The MCAs relate with the voters every other day. Just as we do, they solve all the problems from the social to economic and all kinds of problems that our people have in the wards. The SRC must reconsider the salaries and benefits that MCAs are entitled to. Let us also think about the ward funds. We have county assembly MCAs who are elected by the people, but have no funds at their disposal to serve our people. Mr. Deputy Speaker, Sir, I applaud you. This should have been done like yesterday. This Bill will entrench the role of the Senate as stated in Article 96 of the Constitution. As I sit down, I would like the Governor of Isiolo to take note that the issue of gender balance is a constitutional provision. It is not at his whims. He might be having powers to shout and chest thump as he does. However, the issue of gender balance is an issue that is constitutional and was spelled out by the great people of this Republic and he has no option, but to adhere to it. I call on the Senate to oversight that governor and ensure that the people of Isiolo County are served as per the Constitution. I support the Bill."
},
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"text_counter": 133,
"type": "speech",
"speaker_name": "Sen. Kathuri",
"speaker_title": "The Deputy Speaker",
"speaker": {
"id": 13590,
"legal_name": "Murungi Kathuri",
"slug": "murungi-kathuri"
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"content": " Okay, good. Sen. Omogeni Erick, proceed."
},
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"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495008/?format=api",
"text_counter": 134,
"type": "speech",
"speaker_name": "Sen. Omogeni",
"speaker_title": "",
"speaker": {
"id": 13219,
"legal_name": "Erick Okong'o Mogeni",
"slug": "erick-okongo-mogeni"
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"content": "Thank you, Mr. Deputy Speaker, Sir, for giving me an opportunity to make my voice heard on this Bill that proposes to make the county assemblies independent. I begin by thanking you as the author of this Bill. The people of Meru County should know that your Bill will contribute a great deal to stopping the fights that we have seen from the Meru County between the governor and the hon. MCAs. I have no doubt that once this Bill is enacted, we shall have peace in the County of Meru. I do not think there is any Senator who will be in opposition. At times MCAs do not like to be beggars. That is what brings friction between the MCAs and office of hon. governor. We thank you. This Bill will not just benefit the people of the County of Meru, but will also benefit all the 47 counties of the Republic. Our contribution will be fully to support this Bill. Mr. Deputy Speaker, Sir, we want to see our county assemblies getting the stature that is in other countries that have devolved system of government. Last week, you saw the way the newspapers reported the election of Hon. Huldah Momanyi as a member of the State Parliament of Minnesota. It made news here. This Bill contributes to raising the stature of our MCAs in our county assemblies. Let me also take this chance, if you allow me to pass my congratulations to Hon. Huldah Momanyi. That is a daughter of the great County of Nyamira. A migrant from 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": 1495009,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495009/?format=api",
"text_counter": 135,
"type": "speech",
"speaker_name": "Sen. Omogeni",
"speaker_title": "",
"speaker": {
"id": 13219,
"legal_name": "Erick Okong'o Mogeni",
"slug": "erick-okongo-mogeni"
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"content": "Nyamira who went to the United States of America (USA). She has worked so hard, campaigned and got the honour of being elected to be a Member of the State Assembly of the State of Minnesota. I hope that this broad-based Government will now build for us Suneka airport. If not, the people of Nyamira are ready and willing to donate land to the national Government to build an airport for us. This lady will rise to become a Senator and maybe the first female President of the USA, just like Obama did from our neighbouring County of Siaya. Hon. (Dr.) Khalwale, this lady will rise to become a great person in the USA. We congratulate her. I make a special appeal to other Kenyans who have migrated to other nations like Australia, United Kingdom (UK) or Canada, to borrow from the example of this young lady. Let them go into the political space, seek for elective offices and make our country proud. We will organize a big homecoming for our daughter the way Obama was received in Siaya. The people of Nyamira must also receive their daughter in the great County of Nyamira. I will invite the Senators when we bring her home. We will slaughter bulls, goats, chicken and matoke will be served in plenty. Before that happens, we shall send a delegation to Minnesota to go and congratulate our daughter who has done us proud. I hope that next time, we will be celebrating a daughter from our neighbouring county, Kericho or Kakamega County. That is how we want it to be. We want Kenyans out there to shine. Mr. Deputy Speaker, Sir, this Bill is dear to many of us. Two weeks ago, you saw the kind of chaos that we had in Nyamira County. The MCAs were trying to impeach their speaker, but it did not work. The house of an hon. MCA from Bomwagamo Ward was set on fire. A watchman guarding the premises of the County Assembly of Nyamira was attacked, beaten and doused with paraffin. He has been nursing injuries at the Nyamira Referral Hospital. This is because of the idea of a governor who wants to have MCAs to be at his mercy. That is not what devolution was meant to do. Let us borrow the structure that we have. Our PSC is detached from the executive. We do not go begging from the executive; we appropriate our money and run our affairs. You can imagine a situation where any time MCAs want to make a payment have to go and beg at the county treasury. If you are not in good books with your governor, you will be on the queue for a long time before your bills are settled. How do you get into the bad books of a governor? By trying to oversight him and put him on toes. There are others who will tell you that their “human hair can never be shaken” I do not know how to translate it. My governor says, “ tuki telikunyekeria ”. That means nothing can make his human hair to shake. He tells that to MCAs when they are asking why there is no medicine in hospital? It means, “my human hair cannot be shaken because people have no drugs in hospital.” People go to hospital to get treatment, but find clinic officers on strike. He tells them that his human hair will not shake in his head. He thinks he is controlling all the money that goes to Nyamira County. That it is meant to go to his own pocket. 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": 1495010,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495010/?format=api",
"text_counter": 136,
"type": "speech",
"speaker_name": "Sen. Omogeni",
"speaker_title": "",
"speaker": {
"id": 13219,
"legal_name": "Erick Okong'o Mogeni",
"slug": "erick-okongo-mogeni"
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"content": "If this Bill passes, there will be that separation of powers and financial independence of county assembly so that they can properly oversight the office of the governor. The other day, our farmers in Nyamira and our neighbouring counties of Kericho were paid. Sen. Cheruiyot knows this. I know in Meru, you got a good bonus. I am also a farmer. I was paid Kshs20 per kilogramme. Where do you get money to pay the person who has been tilling your land for the whole year? You also need to pay for fertilizer and school fees from that money. From that money, our waziris need to wear a nice suit like the one you are wearing. Others need a nice Kaunda suit like what Sen. Onyonka is wearing. The Kshs20 is nothing. However, my governor says his human hair will not be shaken because farmers are being paid Kshs20. You can imagine that. I hope that this Bill will get the support of our brothers from the National Assembly. Let us fast track it to ensure it is enacted as soon as possible so that we lay a basis of true independence for our MCAs. Let them receive their money, budget for it and use it to oversight our governors. This will ensure that the money that we send to our counties can have meaning to the seven basic rights of a human being. Let our people get water and medical attention. Let them go to hospitals and get drugs. Let us have roads, good markets for our people and improve sanitary. Let us give our people the seven basic rights of a human being so that the people we represent can be happy. I am happy that there are good accountability measures that have been proposed in this Bill through the Office of the CoB. We should not fear that our MCAs will misuse this money. Clause 119 says that the CoB shall have viewer rights access to all bank accounts maintained by the county executive, county assemblies and all other county government entities. There are good mechanisms for ensuring that this money will be used for the intended purposes. Let us not allow these prevailing situations where MCAs are at the mercy of our governors, to continue for now. I am happy that there would be a fund equivalent to what we have as Members of the National Assembly and Senate; this is the entity called Parliament. I fully support this Bill. I also want to support the initiative that was put in place between His Excellency the President and the former Prime Minister Raila Amollo Odinga. This afternoon, I have seen a transmission of names for appointment to various independent constitutional offices. I am happy I have seen the names of people from the Omogusii nation. I have seen the name of Dr. Onyiego nominated to serve in the Independent Police Oversight Authority (IPOA). We want this Government to serve all the 42 ethnic communities. I am sure Sen. (Dr.) Khalwale will go through the names and see somebody from the Luhya nation. I am sure Sen. Cheruiyot will see somebody from Kericho. I am also sure there could be a name from Meru or the bigger Mount Kenya region, and that is what we want. Let us all feel that there is a sense of belonging to this Government. I am appealing to His Excellency the President, now that we have promoted Hon. (Prof.) Kindiki to be our Deputy President, there are those two vacancies for Cabinet Secretary; with the 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": 1495011,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1495011/?format=api",
"text_counter": 137,
"type": "speech",
"speaker_name": "Sen. Omogeni",
"speaker_title": "",
"speaker": {
"id": 13219,
"legal_name": "Erick Okong'o Mogeni",
"slug": "erick-okongo-mogeni"
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"content": "performance of Hon. Hulda Momanyi in the USA, Minnesota, the county of Nyamira should also be considered for a position of Cabinet Secretary. As I speak now, imagine I do not have a Principal Secretary or a Cabinet Secretary from the County of Nyamira. Let us appreciate that the people of Nyamira have demonstrated that they have talent to serve not just in Kenya, but they can even serve in America. We are appealing to the President not to forget the people of Nyamira. We have even produced renowned runners from the County of Nyamira. So, we are pleading with His Excellency to continue this spirit of having a broad-based Government so that when he picks his next set of cabinet secretaries, he can also remember the great people of the County of Nyamira. With those remarks, I support."
}
]
}