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{
    "id": 1041928,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1041928/?format=api",
    "text_counter": 1484,
    "type": "speech",
    "speaker_name": "Mr. Wilfred Nyamu",
    "speaker_title": "The Counsel for the Nairobi City County Governor",
    "speaker": null,
    "content": " Madam Deputy Speaker, thank you. Through cross-examination, it was admitted that there are different county accounting officers. That takes us to Section 148 of the Public Finance Management Act (PFM). In Section 148 of the PFM Act, it is provided that the County Executive Committee Member (CECM) for Finance appoints county accounting officers. In this case, they are heads of different departments. Under Section 149 of the PFM Act, those particular accounting officers are appointed to deal with matters procurement. The CECM Finance being head of Treasury is the one that deals with matters public finance. The Governor would only deal with such matters at policy formulation level and not directly. Through these authorities, you will notice that a Governor cannot be held precariously for any mistakes or violations of the law by officers of the county government. It was incumbent upon the Mover of the Motion to proceed and have any officer whose department he has a query, for purposes of oversight and asking any question or seeking for any information. This was not done, and, therefore, the same cannot be visited upon the Governor. Madam Deputy Speaker, as it is, it was indicated through these proceedings that there are matters that are pending in court. I would urge this honourable House to consider disregarding the charges that have been referred in relation to matters that are before court. It has been shown contrary to what has been submitted by the county assembly--- It has been demonstrated clearly by the Governor that no money meant for bursaries was transferred towards payment of any contractors or lawyers. Nothing has been shown that money that was meant for bursaries was paid to lawyers or contractors. Although this House is not bound by--- It is incumbent upon this House to be very cautious, especially when it deals with the rights of a Governor under Article 38 of the Constitution and the rights of the people of Nairobi City County who elected the Governor. This House should consider not punishing the people of Nairobi who elected the Governor simply because one individual has decided to move the Motion. This Motion was moved out of malice. We urge this honourable House to find that none of those charges has been substantiated against the Governor and to discharge the Governor of all the charges. Madam Deputy Speaker, at this level, I would urge my learned friend, Mr. Ondieki, to come in and deal with the details in relation to the charges."
}