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{
    "id": 1019181,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1019181/?format=api",
    "text_counter": 251,
    "type": "speech",
    "speaker_name": "Sen. (Dr.) Ochillo-Ayacko",
    "speaker_title": "",
    "speaker": null,
    "content": "Thank you, Madam Temporary Speaker. When I rose on a point of order, I called the Council of Governors (CoG) a council of gangsters. I believe that is where they are tethering to. They are actually gangsters. It is gangsters who do not want to account for anything. It is gangsters who believe in impunity. It is gangsters who preach violation of the law and violation of human rights. Sen. (Dr.) Langat has indicated, and we lawyers agree that Article 43 of the Constitution is mandatory, the right to health. Gangster Oparanya and his band of gangsters because that is what they are, are trying to break or violate the rights that Kenyans have to health by intending or threatening to withhold vital services to Kenyans. That is a violation of the Constitution that we should not countenance. Madam Temporary Speaker, Section 196 of the Public Finance Management Act states that; \"Any public official who directs others to violate the law, to violate the Constitution,\" and if you read that together with Section 199 of the Public Finance Management Act, you will find that they are committing an offense and they are liable to imprisonment for five years. If Governor Oparanya wants to go to jail for five years, he should not drag along other governors including that one of Migori County, who is in very serious trouble and the one of Tharaka Nithi, who is in very serious trouble to jail for five years. Madam Temporary Speaker, if you look at the Public Finance Management Act, you will find that under section two or three or PFM Act; \"Any person who creates a situation that causes financial liability to a county will be personally liable for that liability.\" Therefore, if any governor denies a citizen the right to health and that citizen sues; Sen. Mutula Kilonzo Jnr. is here, Sen. (Dr.) Ochillo-Ayacko, Sen. Wetangula, Sen. Orengo and other able Kenyans are willing to represent them pro bono. If courts should find them liable, they will be personally liable for the damages that will be given to those persons who will be denied health. We do not want a situation where a club that should be leading in governance, a club that should be setting the right tempo for good governance, the rule of law and good behaviour is advocating violation of the Constitution. I do not know what has gotten into the head of the leader of the Council of Governors. I do not know what kind of dope or bhang he is taking or what all of them are taking. This is a situation that cannot be countenanced. This is a situation that is intolerable. This is a situation that we cannot accept as people who approve funds of finances to counties. I am happy that every Senator speaking here is condemning this act. This is a particular condemnation that we are conjoined in chorus and we will not tolerate any person threatening Kenyans who are suffering economic hardship arising from COVID- 19, who are suffering unemployment, who are suffering from lack of food and other disasters. 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."
}