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"type": "speech",
"speaker_name": "Sen. Osotsi",
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"speaker": {
"id": 13588,
"legal_name": "Osotsi Godfrey Otieno",
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"content": "Talking about counties, because this Statutory Instrument Act also affects counties, we have realized that counties have come up with the regulation pursuant to a national legislation. They have developed a regulation pursuant to national legislation. These regulations are unconstitutional. One example is the Public Finance Management (PFM) Act. The PFM Act clearly stipulates that the regulations will be made by the Cabinet Secretary for National Treasury and not the County Executive Committee Member (CECM) for Finance and Economic Planning. However, the counties have developed regulations, especially to manage public funds in the county, pursuant to PFM regulations. Mr. Speaker, Sir, in my Committee, we have directed that these regulations be annulled or repealed because they are unconstitutional. The regulations made in county should be made pursuant to the county legislation and not national legislation. Every committee must be on the lookout for this problem, so that counties are directed to make regulations pursuant to the county legislation and not national legislation. Mr. Speaker, Sir, I would like to end by saying that this amendment is timely, and it will speed up the implementation of the various Acts of Parliament that we pass in this House. In fact, the penalty should be enhanced. Every time we put a penalty or fine, we should always put an option for a jail term. I say this because we have a lot of violations of the law. In our counties, we have a big problem because there is a clear violation of the law around accountability. People want to come to the Senate and behave as if they do not understand the law. For example, the issue of the audit process requires that counties provide information and documents to the Office of the Auditor-General (OAG) during the audit process, but most counties do not do that. The OAG generates queries, issues audit certificate for the report, but when they appear before our committees that is when, all of a sudden, you see them coming with bundles and files of documents before us."
}