Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 1505558,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1505558/?format=api",
    "text_counter": 174,
    "type": "speech",
    "speaker_name": "Sen. M. Kajwang’",
    "speaker_title": "",
    "speaker": {
        "id": 13162,
        "legal_name": "Moses Otieno Kajwang'",
        "slug": "moses-otieno-kajwang"
    },
    "content": "When you approach courts of law and instruments of justice, there is always one of two outcomes. If you go to court, you either win or you lose. At the end of the day, when you lose, you might have your reservations, but you leave that court feeling that justice has been served, even though you lost. Mr. Deputy Speaker, Sir, when our mediators went into that session, I do not know how the conversations went, but in the past mediation, which you and I were part of, we were able to demonstrate why Kshs400 billion was sufficient. I do not know what other information that came in that was new that convinced them. Perhaps it is this new English that is being bandied around called ‘fiscal deficit’ However, the law had envisaged that where there is a fiscal deficit, that would be bridged by the national Government because the national Government has got the means and instruments to go to the markets to get additional financing to be able to cater for any deficit that there could be in public spending. The national Government issues Treasury bills and bonds. The national Government goes for concessional and non-concessional loans. When the President is in the United States of Ameria (USA), the Cabinet Secretary (CS), National Treasury, takes a visit to Pennsylvania Street, to the International Monetary Fund (IMF) and World Bank, and is able to negotiate on behalf of the people of Kenya for additional financing. County governments do not have that ability. That is why the constitutional principle of shielding counties from these drops in fiscal deficit was put there. I do not know why we have decided to throw that principle out of the window. Mr. Deputy Speaker, Sir, even though today it has been proposed to give them Kshs387 billion, the basis of division is also the financial statements of the Financial Year (FY)2021/2022, if I am not wrong. Revenue should be divided on the basis of the most recent and the most realistic revenue forecasts. I am happy with the decision that was rendered by Justice Jairus Ngaah, early in October. I will be bringing this matter to the floor of the House. Justice Jairus Ngaah made a ruling recently and said that constitutional timelines must be adhered to without exception. Justice Jairus Ngaah made reference to Article 229(4) that requires the Auditor- General to bring an audit report to Parliament within six months of the closure of a financial year. Justice Ngaah said that timeline is mandatory, it is cast in stone and the Auditor-General must bring reports to Parliament before 31st of December of every financial year. Justice Ngaah went ahead and spoke to Article 229(8) of the Constitution. Mr. Deputy Speaker, Sir, Article 229(8) requires Parliament that upon receipt of the reports of the Auditor-General, to debate, consider and take appropriate action on that report within three months. Justice Ngaah said that timeline is clearly spelt out in the Constitution, it is mandatory and it is not a suggestion. The consequence is that any report that is tabled before this House past 31st of December is null and void. Any report by a Committee or any debate by the Senate on a matter to do with the audit reports that occurs after the expiry of three months is null and void. The genesis of the matter was that the County Assembly of Nairobi indicted several officers for stealing and looting the Alcoholic Drinks Fund. For almost three years, they did not prepare financial statements, and as a result, the Auditor-General was 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."
}