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"id": 1564522,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1564522/?format=api",
"text_counter": 349,
"type": "speech",
"speaker_name": "Sen. Abdul Haji",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Thank you, Sen. Joyce."
},
{
"id": 1564523,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1564523/?format=api",
"text_counter": 350,
"type": "speech",
"speaker_name": "Sen. Olekina",
"speaker_title": "",
"speaker": {
"id": 407,
"legal_name": "Ledama Olekina",
"slug": "ledama-olekina"
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"content": "Thank you, Mr. Temporary Speaker, Sir. I rise to make some brief comments on this report, which is highly unprecedented. We are faced with a challenge which, legally, is an issue that can be resolved easily. The process of moving funds to a county assembly are clearly defined in the Public Finance Management Act. If you read Section 103 of the Public Finance Management Act, it sets up the treasury of the county assembly. Section 104 puts or places the County Executive Committee Member for Finance as the head of the treasury. This is the person who communicates and deals with the CoB. I have taken some time to try and understand the problems we are facing. I have looked at the recommendations given by the Committee, but they do not solve the problem. They are interim recommendations that do not provide a solution to the problem that we are having in Nyamira County."
},
{
"id": 1564524,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1564524/?format=api",
"text_counter": 351,
"type": "speech",
"speaker_name": "Sen. Olekina",
"speaker_title": "",
"speaker": {
"id": 407,
"legal_name": "Ledama Olekina",
"slug": "ledama-olekina"
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"content": "This is an issue of fiduciary responsibility. My brother from Nyandarua County attempted to guide this House on how we should look at it. I hope the Committee"
},
{
"id": 1564525,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1564525/?format=api",
"text_counter": 352,
"type": "speech",
"speaker_name": "Sen. Olekina",
"speaker_title": "",
"speaker": {
"id": 407,
"legal_name": "Ledama Olekina",
"slug": "ledama-olekina"
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"content": "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"
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{
"id": 1564526,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1564526/?format=api",
"text_counter": 353,
"type": "speech",
"speaker_name": "Sen. Olekina",
"speaker_title": "",
"speaker": {
"id": 407,
"legal_name": "Ledama Olekina",
"slug": "ledama-olekina"
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"content": "Members listened keenly because the distinguished Senator from Nyandarua led the House to where we should resolve this problem. When a county that has two assemblies, we should first ask ourselves what our role as a Senate is. This is because we are the House that is supposed to protect devolution. When you have two assemblies, then the issues of lack of accountability or fiduciary responsibility arise. I have taken some time and consulted with the area Senator and he has explained to me where the problem is. We have two assemblies. There is one with 12 members and the other one has 22 members. The 22 members attempted to impeach the governor and when they did not succeed to impeach him, he decided to deal with those 22 MCAs. When he was about to deal with the 22 MCAs, the 22 MCAs decided to impeach the speaker. The speaker then went to court and said that the 22 MCAs had not met the threshold. He was not given a stay and when that happens, legally speaking, he could not proceed serving as the speaker. He was impeached. That is it. Mr. Temporary Speaker, Sir, there is a lot of collusion and we have to figure out where this collusion is coming from. That Assembly has two clerks and what I know is that before an assembly is funded, their money is tied to the exchequer, which is released to the county assemblies. The next thing is that before that money is released, the county executive committee member in charge of finance, who is the head of treasury of that county, has to release a Form C for money to be sent to the assembly. We have a situation where there is either incompetence in the part of the county executive committee member in charge of finance--- I wish Sen. M. Kajwang’ was here. According to Section 199 of the Public Finance Management Act, there are serious consequences that befall anyone who violates the Public Finance Management Act. Mr. Temporary Speaker, Sir, here is a very simple process that we need to proceed with. Instead of beating around the bush and making recommendations that will not effectively solve this problem, we should focus on the bottom line. Why is the CECM, Finance issuing Form C to allocate funds to individuals sitting in a location gazetted by an impeached speaker? That is where the problem lies. What we need to do is very simple. If this Senate cannot pass a resolution and ensure its implementation, other agencies should move expeditiously and make arrests where necessary. The CoB should also not be releasing funds because the law, Article 226(5) mandates her to release money only when she is satisfied that the allocation is authorized by law. Mr. Temporary Speaker, Sir, grant me 30 more seconds because this issue is very key. We will not be able to resolve this matter if we continue going back and forth without implementation. What we need to do is clear. The Standing Committee on Devolution and Intergovernmental Relations should work closely on this issue or alternatively establish an ad hoc Committee. The first step is to invoke Article 125 of the"
},
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"id": 1564527,
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"type": "speech",
"speaker_name": "Sen. Olekina",
"speaker_title": "",
"speaker": {
"id": 407,
"legal_name": "Ledama Olekina",
"slug": "ledama-olekina"
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"content": "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"
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{
"id": 1564528,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1564528/?format=api",
"text_counter": 355,
"type": "speech",
"speaker_name": "Sen. Olekina",
"speaker_title": "",
"speaker": {
"id": 407,
"legal_name": "Ledama Olekina",
"slug": "ledama-olekina"
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"content": "Constitution to summon the governor to appear alongside the CECM, Finance. At the same time, we must also summon the CoB, so that we bring sanity---"
},
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"id": 1564529,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1564529/?format=api",
"text_counter": 356,
"type": "speech",
"speaker_name": "Sen. Abdul Haji",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Your 30 seconds are up, Senator. Sen. Sigei Hilary, proceed."
},
{
"id": 1564530,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1564530/?format=api",
"text_counter": 357,
"type": "speech",
"speaker_name": "Sen. Wakili Sigei",
"speaker_title": "",
"speaker": null,
"content": "Thank you so much, Mr. Temporary Speaker, Sir. I also rise to support the Motion as amended. From the onset, I would like to defend the Committee. The Committee handling this matter has been bashed by Members over allegations that they have taken more than 45 days, which is not true. As a matter of fact, I have reviewed the HANSARD and the statement was sought by Sen. Okongo Omogeni, on the 1st April, and a preliminary report was tabled on 17th April, barely 17 days later. Interestingly, this is what the HANSARD says. I want to quote what Sen. Okongo Omogeni said on that day. I also wish the Chairperson of the Committee were in the House because both he and his Members deserve to be defended for the good work they have done, while being blamed for any delays, if indeed there have been any. Sen. Omogeni confirmed that it is a progress report on the operational and leadership crisis affecting the County Assembly of Nyamira. “On the 1st of April, I rose on a point of order and sought the Committee’s indulgence to address four key issues. I have had the opportunity to peruse through the report. I thank the Chairperson of the Devolution and Intergovernmental Relations Committee and his Members for the attention they gave this matter and the speed at which they have tabled the report before the House.” To that extent, I want to appreciate the Members of the Committee. However, I also wish to acknowledge and appreciate the Senator for Kisumu County. Had the report, as tabled earlier by the Chairperson, remained unchanged, it would not have served the purpose of the statement sought by the Senator for Nyamira County. The reason is as black and white. It did not reflect the concerns that were raised. Mr. Temporary Speaker, Sir, this is one of the issues that led to the Senator’s concern on that day, prompting him to seek the intervention of the Speaker. Two issues were subsequently referred to the Standing Committee on Justice, Legal Affairs and Human Rights. Such issues would have been substantially addressed if this report were adopted today through the amendment sought by Sen. (Prof.) Ojienda. The amendment has been adopted and that is what we are debating. Given the circumstances, the committee did what they could and in terms of time, they did their best. Secondly, the amendment has indeed given life to the report. That is why we are supporting it. The questions sought by Sen. Omogeni are threefold. If we approve the report as amended, which I fully support, the issue regarding the legality of sittings held by a version of the assembly outside the precints of the gazetted assembly, will be deemed null and void. Concerning the impeached speaker, it does not matter whether he has managed to challenge the impeachment proceedings or not. The fact remains that upon being"
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"text_counter": 358,
"type": "speech",
"speaker_name": "Sen. Wakili Sigei",
"speaker_title": "",
"speaker": null,
"content": "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"
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