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{
    "id": 1038067,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1038067/?format=api",
    "text_counter": 17,
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    "content": "provision of services envisioned under Part II of the Fourth Schedule to the Constitution 2010, inter alia most crucial provisions of health services during the raging pandemic; (c)The Governor of Nairobi City County has violated Article 187(2)(a) of the Constitution and Article 5.2 of the Deed of Transfer, by his continued willful refusal to execute the statutory warrants essential to the release of funds from the County Revenue Fund (CRF), which has grounded the provision of services, of not only the county executive, but of the Nairobi Metropolitan Service (NMS) and its exercise of the transferred functions. This action violates the provisions of Article 187(2)(a) of the Constitution and Article 5.2 of the Deed of Transfer, whence the county assembly duly adopted the Budget for the Financial Year 2020/2021 and enacted the Nairobi City County Appropriations Bill, 2020. (d)The Governor has violated the provisions of Article 183 of the Constitution as read together with Standing Order No.193 and Section 123 of the Public Finance Management Act, 2012 by undermining the authority of the county assembly, whence the governor has refused and or failed to implement resolutions of the county assembly or forward a report detailing his inability to do so in line with Article 183 of the Constitution, as read together with Standing Order No.193, with respect to county public debt and debt management under the provisions of Section 123 of the Public Finance Management Act, 2012. Failure of which, the county has been unable to control and manage county public debt. The result is unmitigated accrual of debt which has ballooned the county’s overall debt to unmanageable levels, rising from Kshs56 billion when he assumed office in 2017 to Kshs76.794 billion as at 31st December, 2019 hence further violating the provisions of Article 201 of the Constitution. (e)The Governor has violated Article 227(1) of the Constitution on procurement of goods and services as read together with provisions of the Public Procurement and Disposal Act, 2015 by flouting the principles of public finance management in as far as public procurement of goods and services is concerned. (f)The Governor violated Section 35(4) and Section 45(1) of the County Governments Act, 2012, as read together with Section 104 and Section 148 of the Public Finance Management Act whence between 2018 and early 2019, and contrary to the law, the Office of the County Executive Committee (CEC) Member for Finance and that of the Chief Officer for Finance were held by the same person, one Ms. Winfred Gathagu, which situation occasioned confusion and inefficiencies at the County Treasury, hence failing to promote good governance, and compromising the doctrine of transparency and accountability within the county government. The Governor has violated the provisions of Section 104 of the Public Finance Management Act on the responsibilities and powers of the County Treasury, whence through inaction, action, omissions and commissions he continues to preside over a broken public finance management system, whence the County Treasury remains ineffective. 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."
}