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{
    "id": 1525830,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1525830/?format=api",
    "text_counter": 217,
    "type": "speech",
    "speaker_name": "Hon. Mbadi",
    "speaker_title": "The Cabinet Secretary for National Treasury and Economic Planning",
    "speaker": {
        "id": 110,
        "legal_name": "John Mbadi Ng'ong'o",
        "slug": "john-mbadi"
    },
    "content": "I am yet to see the provision in our Constitution or any written law, passed by this Parliament, which has authorized a task force formed to approve payment to former councillors. If there is that provision, I would make provision in our budget and pay. However, there is none. That task force remains just that. The report should also be implemented procedurally, but it has not been done. A legislation should have flown automatically from the task force report to anchor it in law. On the question by Sen. Faki on why I have not respected or obeyed what former Cabinet Secretaries committed to do, unfortunately, I want to report to the Senate that my predecessor, Hon. Ukur Yatani, or even Hon. Prof. Ndung’ u, probably made a commitment, but they did not pay. The person who is paying now is myself. I cannot pay unless backed by the law because it will raise issues. I am the one accountable and responsible. I cannot hide behind people who made commitments or intentions, but did not pay. The paymaster now is me. If they paid, I would have come here to report that they did. However, they did not, and they left it for me. I am also checking the legal framework, but I do not see it. A question was asked about the AGs’ powers. My understanding of Article 156 of the Constitution is that the AG is a principal legal advisor to the Government. I take his or her advice very seriously. The AG gave advice on 8th May, 2023, on this, and it has not been vacated or changed. Sen. (Dr.) Khalwale has asked me again about Parliament legislating in vain. I say, again, Parliament cannot legislate in vain. We have been in this House with the Senator for a while. We know the power and the force that a Motion or an Act of Parliament has. This has been the legislative practice; that if you want a Bill to pass easily, you craft it to a Motion. That Motion is debated, and once you succeed, then you follow through by generating a Bill to actualize it. How I wish that Sen. Wambua, who raised this matter, brought it to the House through a Motion, followed through by bringing a legislation to anchor whatever the House resolved into law to allow for payment. If that is done, I will definitely obey the legal framework. As to the President's commitment to pay the councillors; I want to again read Article 94(5) of the Constitution. There is no exclusion here-"
}