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"id": 1071429,
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"speaker_name": "Sen. Omogeni",
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"legal_name": "Erick Okong'o Mogeni",
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"content": "accorded an opportunity to test the veracity of the evidence that was tendered before the Senate through cross examination. I also confirm that we accorded the Governor an opportunity to give his address to the Committee and call witnesses in response to the charges he was facing. In this regard, I thank the industry and help that was extended to this Committee by the team of able lawyers who appeared for the parties herein led by the team that appeared for the County Assembly of Wajir that was led by Senior Counsel Ahmednassir Abdullahi and the defense team of the Governor that was led by Counsel Paul Nyamodi. This Committee greatly contributed to their submissions in preparation of this Report. Mr. Speaker, Sir, we proceeded to a working retreat for three days, from Friday 14th April to Sunday 16th April. I thank the Members who stayed for all the sessions. We had a number of preliminary issues that were raised by the parties before us. The only one I want us to note is that there was a request to summon one witness to appear before us. However, we were not able to have that witness served with summons and appear before us simply because of the limited time the Committee had to conduct its proceedings. Later on, I will highlight the observation of this Committee on the issue of the time that is accorded to it. However, we were able to admit one affidavit that was filed by the County Assembly after according both parties a hearing. The charges that were facing the Governor were basically two. The first charge was gross violation of the Constitution of Kenya 2010, the County Governments Act 2012, the PPAD Act 2015 and the PFM Act 2012. In the case before the Special Committee, the County Assembly of Wajir put forward 15 allegations in support of this charge. I will not go into the details of all the allegations and observations of the Committee, but in summary- 1. Failure to accunt for the financial resources allocated to the county; 2. Lack of accountability in the management of county resources; 3. Failure to draft the mediu-term strategy for the financial year 2020/2021; 4. Violation of articles 176(1) and 165 of the Constitution; 5. Failure to establish the County Budget and Economic Forum; 6. Failure to deliver the annual state of the county address; 7. Failure to submit the annual report of the implementation status of county policies and plans; 8. Failure to establish and audit committee; 9. Failure to seek approval of payments out of emergency fund 10. Operation of various bank accounts; 11. Violation of regulation 25(1)(b) of the Piublic Finance Management (County Government) Regulations, 2015; 12. Violation of Section 119(5) of the Public Finance Management Act, 2012; 13. Violation of Articles 201(a)(d) and (e), 226(5) and 227(1) of the Constitution of Kenya;"
}