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{
"id": 1016171,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1016171/?format=api",
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"type": "speech",
"speaker_name": "Sen. Dullo",
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"speaker": {
"id": 13125,
"legal_name": "Dullo Fatuma Adan",
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"content": "Committee recommends that the Office of the Auditor General undertakes an urgent audit of the entire project, including how the funds, so far, paid by the county governments have been used, the state of the equipment and the extent to which the project has met its objectives, and recommend to the Senate the best way forward and report back to the Senate within six months from the date of this resolution. Mr. Speaker, Sir, the Committee during the inquiry established a blatant violation of the Constitution and the laws. For instance, the Office of the Controller of Budget (CoG) has consistently authorized the withdrawal of funds for the MES Project without first having the funds deposited in the County Revenue Fund (CRF), as required under Article 207(1) of the Constitution and Section 109(2) of the Public Finance Management Act. Secondly, as already noted, the Ministry of Health procured legal services consultancy without seeking approval from the Office of the Attorney-General as required by Section 17 of the Office of the Attorney-General Act. Further, during the conceptualization and procurement of the MES Project, the Ministry of Health never involved county governors, in direct contravention of Articles 6, 187 and 189 and the Fourth Schedule of the Constitution. Indeed, there was also no public participation at all. Throughout the MES Project, there was no public participation and proper consultation with the county government Mr. Speaker, Sir, Article 3 of the Constitution obligates every person to respect, uphold and defend the Constitution. Further, Article 6 (2) provides that the governments at the national and county levels are distinct and interdependent and shall conduct their mutual relations based on consultation and cooperation. Article 189(1)(a) provides that the government at either level shall perform its functions, and exercise its powers, in a manner that respects the functional and institutional integrity of the Government at the other level, and respect the constitutional status and institutions of Government at the other level and, in the case of county government, within the county level. To this end, the Committee implores all State officers - public officers and Government agencies - that whatever the importance or urgency of an undertaking, the constitutional principles relating to functions and status of government at either level must be observed. They must not derogate from the Constitution. Mr. Speaker, Sir, at this juncture, allow me to make some observation in relation to county governments. The Committee was very perturbed at the level of leadership exhibited by county governors. County governors consistently denied being involved in the MES Project. They, however, committed themselves and signed a Memorandum of Understanding (MoUs), accepted and received the equipment in their institutions under their watch. A few of the governors embraced the project and have done very well. The Mombasa County Governor stands out in this respect. The county government embraced the project and put the equipment into immediate use. During the county visit, the Committee was informed that the Coast General Hospital raises roughly Kshs40 million from the equipment, an amount which they The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}