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"id": 1545939,
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"speaker_name": "Sen. M. Kajwang’",
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"legal_name": "Moses Otieno Kajwang'",
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"content": "though we adopted this report by consensus as a committee, we do agree that some of the recommendations could be generic. Some of them could be fairly timid in nature. In some cases, we are calling for administrative action where it is clear that perhaps there was theft. In other cases, we are calling for regularisation of processes where the process was illegal ab initio. Mr. Deputy Speaker, Sir, I would like to encourage Members to look at their individual county recommendations so that we can after this adoption, look and tie them up and ensure that they are enforceable. We must also change certain aspects in our Standing Orders. If we are going to comply with Article 229, then this House must convene on the first week of January every year. Once we have received all the reports of the Auditor- General, so that they can be tabled and distributed to the various committees established to allow interrogation in the month of January, February and March. This year we had a problem and the House knows it. That the committee was constituted in February and we were in recess in January and February. So, my committee and that of Sen. Osotsi has had a very short time to deal with the issues that have come before us. However, if we plan well, I can assure the House that in the next audit cycle we will be able to bring a much more rigorous report to the House. Mr. Deputy Speaker, Sir, we are requesting the House in this case that most of our recommendations be based on written responses. The right to be heard is not necessarily the right to appear. I think that has been established. However, when you are relying on written responses, it is not possible to vouch for the authenticity of the records that are being tendered. In light of that, the committee and even the OAG cannot vouch for the veracity, authenticity and accuracy of the records that have been used to support some of the audit findings. We are asking the House to allow us to conduct a further inquiry to ensure that those records that have been submitted to us as evidence, meet the threshold. If they fail to meet the threshold, we are also asking that this House allows the committee to follow up with the relevant agencies; that is the Directorate of Criminal Investigations (DCI), the Ethics and Anti-Corruption Commission (EACC), the OAG, the Controller of Budget (CoB) and the National Treasury to take action on perpetrators of illegalities and irregularities that have been documented in this audit report. Mr. Deputy Speaker, Sir, we are also calling upon county assemblies not to abandon their primary oversight mandate. We will make detailed proposals on statutory amendments. In my view, some of my colleagues have thought, why do we not amend Article 229 of the Constitution? I do not think we should amend the Constitution. In my opinion, we should try to live up to the high expectation of the Constitution. That means changing statutes, procedures and Standing Orders. It is possible for Parliament to be up to date. When I became the Chairperson of the Senate Standing Committee on Public Accounts, I took over from Sen. Bonnie Khalwale. For two or three financial years, he was fighting with governors in court, corridors, media and committee rooms. They had refused to come. Again, because of this 31st March constitutional deadline, the governors have refused to appear before my committee. Only four of them have come. The rest 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."
}