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{
    "id": 1147620,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1147620/?format=api",
    "text_counter": 245,
    "type": "speech",
    "speaker_name": "Sen. Faki",
    "speaker_title": "",
    "speaker": {
        "id": 13211,
        "legal_name": "Mohamed Faki Mwinyihaji",
        "slug": "mohamed-faki-mwinyihaji-2"
    },
    "content": "The Committee noted that while the timelines in the regulations were in tandem with Section 9 of the Controller of Budget Act, Section 6 of the Public Finance Management Act, 2012, says that the PFM Act shall prevail in case of any inconsistencies with any other legislation, in a number of matters, including the preparation and submission of budget estimates and the time for doing so; raising of revenue and making of expenditures which are activities in the implementation of the budget. While scrutinizing the Statutory instruments, the Committee was guided by the consideration set out under Section 13, of the Statutory Instruments Act. In this specific matter, the Committee found that the regulations were not in accord with written law, mainly the PFM Act as anticipated under section 13(a) of the Statutory Instruments Act. The Committee further observed that the penalties contained in the regulations are not sufficient to deter non-compliance. In other words, the regulations were toothless. Regulation 49 gives a blanket penalty by making reference to the Controller of Budget Act. Based on the foregoing, the Committee noted with concern that there was no need to have regulations in place without sufficient consequences for non-compliance. While the Committee appreciates the right of independent office holders to conduct investigation, the Committee noted that the investigative powers as contained in part four of the regulations are likely to overlap with the investigating powers of other Government agency such as the Office of the Auditor-General, the Directorate of Criminal Investigation (DCI) and the Ethics and Anti-Corruption Commission. Lastly, the Committee was of the view that the regulations do not address the challenges currently being experienced such as pending bills. The pending bills have been a real problem to all the counties and the national Government. Therefore, the failure by the regulations to address this pertinent issue was a flaw on the part of the regulations. Regulation 8(2)(c)(iii) and 10(2)(a)(iii), provides that an up to date schedule on pending bills and payment plan be provided by the national and county Governments. During a request for approval for withdrawal of development expenditure to enable the Controller of Budget track the payment of pending bills. The Committee observed that this was only a tracking mechanism and will not assist in the actual settlement of pending bills before incurring new expenditure. It is after thorough scrutiny of these regulations that the Sessional Committee on Delegated legislation recommends that pursuant to section 15 (1) of the Statutory Instruments Act, 2013 and that in accordance with standing Order 221(4)(b) of the Senate Standing Orders, the Controller of Budget Regulations, 2021 be annulled. Mr. Temporary Speaker, Sir, I take this opportunity to thank your office, the Office of the Clerk, Members of the Committee and the Secretariat for the good work that they have continued to do. I call upon Sen. Cherargei to Second this Report. I thank you."
}