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"id": 1072570,
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"type": "speech",
"speaker_name": "Sen. Omogeni",
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"id": 13219,
"legal_name": "Erick Okong'o Mogeni",
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"content": "On Allegation No.9, failure to seek approval of payment out of emergency fund, the Committee went through the evidence tendered before it. There was a conflict on interpretation of the law to meet the Public Finance Management (PFM) Act and the law that has been enacted by the County Assembly, the County Disaster Management Act. Mr. Speaker, Sir, this Committee established as a matter of fact that the provisions of the County Disaster Management Act did not have the same requirement as the PFM Act. Therefore, the allegation that the Governor did not seek approval were premised on wrong provisions of the law. If anything, it was noted that the County Assembly did note that oversight on the County Disaster Management Act and the same has since been amended to bring it in conformity with the PFM Act. It now obligates the Governor to seek approval within two months after making payments. Therefore, the Committee was of the view that it would not be constitutional to hold the Governor liable for an offence that was not an offence as at the time it was alleged to have been committed."
}