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{
"id": 1419503,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1419503/?format=api",
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"type": "speech",
"speaker_name": "Sen. Cherarkey",
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"speaker": {
"id": 13217,
"legal_name": "Cherarkey K Samson",
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"content": "Mr. Speaker, Sir, I rarely support what Sen. M. Kajwang’ brings to the Floor of the House, but in the interest of the nation--- I always support him in the Committee, but not on other issues. I beg to support him on this amendment. Mr. Speaker, Sir, having served as the distinguished Governor of Kilifi for 10 years, you are aware that there are many Kenyans who have diabetes, high blood pressure, are unwell, their property has been auctioned and whose children and families are suffering. They are suffering because their only mistake was to take a tender from the county government, do it with all their resources, but they were not paid. While I am seized of Petition E003 at the Kitale High Court on the verification of pending bills in the case of Trans Nzoia County, we agree that the issue of verification of pending bills is the domain of the office of Auditor General. This was restated in the matter that came before Kitale High Court. My civil litigation, Prof. Nixon Sifuna, in his ruling out of desperation, has advised the ones owed to seize county government vehicles and auction them to recover monies. I can imagine a hypothetical situation where the Parliamentary Service Commission (PSC) is being owed and the Deputy Minority Whip is driving his Prado along Moi Avenue and someone who supplies water to the Senate has not been paid. Prof. Nixon Sifuna, in his ruling, advises that you freeze and seize that vehicle and auction it. I do not know what happens to the Speaker and President's cars, but these are heavily guarded. I want to advise Kenyans with funny ideas to go for the small vehicles of the Deputy Minority Whip because you are sure you can hold on until you get payment. However, it is hard for your cars and those of senior Government officials. I agree with the amendment that the counties should prepare and submit a payment plan to the Controller of Budget. The National Treasury issued two circulars. Article 219 of the Constitution clearly states that all money that has been appropriated should be released without undue delay. Under the law, the first charge is pending bills. Sen. M. Kajwang's amendment is to ensure that money is released. From August, 2023 to 17th April, 2024, Nandi has received Kshs5.48 billion and most of that money has been used to pay some pending bills, which no one can account for. In my county, the governor calls the Members of the County Assembly (MCAs) and tells them that Nandi has a pending bill of Kshs850 million. When our brother, Sen. Olekina, brought a pending bill schedule, Nandi County had Kshs305 million. I want to ask the office of the Auditor-General and the Controller of Budget to give the country the true status of the account of the pending bills. Secondly, the Controller of Budget takes into consideration efforts made by county governments to clear inherited pending bills. If you constructed a road worth Kshs1.5 million in 2013, the floods are ravaging the nation. There is a roads supervisor and a certificate you will have to raise. How will you be able to verify the construction of that road? I agree with this proposal. However, I would like to advise my Chairperson, Sen. M. Kajwang', to come up with a law that before the county or any national entity, including the Parliamentary Service Commission, develop a procurement plan or look for The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}