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{
    "id": 1552017,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1552017/?format=api",
    "text_counter": 800,
    "type": "speech",
    "speaker_name": "Sen. Osotsi",
    "speaker_title": "",
    "speaker": {
        "id": 13588,
        "legal_name": "Osotsi Godfrey Otieno",
        "slug": "osotsi-godfrey-otieno"
    },
    "content": "If it was invested in infrastructure or any kind of development, it would do a lot more to the economies of our counties. I support Mr. Laban Omusundi on the fact that this matter has to be handled in some way. I disagree with the fact that we try and restrain counties seeking expert legal services outside their county attorney office. That would be against the Constitution; against the Public Procurement and Disposal Act, which provides that there must be competitive procurement where counties, for some reason, want to engage in competitive procurement. Madam Temporary Speaker, even as we say that this is a case of open violation of the law, if there is any county that is engaged in an illegal activity of paying exorbitant amounts of money to law firms, it should be handled on a case-by-case basis, because the law is there. We have the Office of the County Attorney Act that provides various provisions on how such a matter is handled. The Public Procurement and Asset Disposal Act is very clear on the process of procurement of services. The Advocates Remuneration Order is very clear on what needs to be charged. If there is a law firm or county that goes outside this framework, then the law should apply to that particular county or law firm. We cannot come and say that now, because some counties are involved in irregularity, and because those who are supposed to enforce the law are not enforcing the law, we now put a restraint on this. I think that would be unconstitutional, and not the right thing to do. As a Senate we need to ensure that offices which have a responsibility to guard against misuse of funds are doing their job. I am surprised the Controller of Budget (CoB) is also crying in this report, in her submission. The CoB is the one who approves requisitions. How is she approving requisitions, which are against the law, the County Attorney Act, the Advocate's Remuneration Order and the Public Procurement and Asset Disposal Act? So, I think we will be over-legislating if we start now telling people that we want to amend the law to manage these things administratively. I am of the view that we let those who process these payments follow the law. If it is the finance departments in counties, the CoB or those who processes requisitions, let them follow the law. That way we will be able to deal with this problem. Whereas I support the fact that counties have high legal liabilities which are not well managed, and something has to be done about it, I disagree that we restrain counties from accessing external legal services when they genuinely need them. That would be against the law Madam Temporary Speaker, for that purpose, I commend the Justice and Legal Affairs Committee. I want to disagree with my colleague, Sen. Olekina that they did a shoddy job. I have read the report and they did a wonderful job. They made balanced recommendations. They agreed on some issues raised by the petitioner, but also gave direction on what needs to be done. Let the officers who are supposed to do their job do so. Let us not over-legislate on some of these things."
}