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"content": "Thank you, Mr. Speaker, Sir. I lend my support to this Motion. As the Deputy Chair of the Committee, Sen. Murkomen said, it is really a sad thing, but at the same time it is also positive. It is sad because we are the custodians of devolution, but this is happening too early in devolution. But it is always better to excise a tumor when it is first discovered than to leave it until it spreads to the rest of the body. Mr. Speaker, Sir, we owe our duty to the Constitution and our citizens. I want to clarify three things. There is a fundamental question that has come up in recent weeks with regard to the question of accountability by the Governors. In the last meeting to which we invited the Council of Governors, the question of accountability came up: They said “We are not accountable; it is the county executive committee that is accountable.” This is what they used and refused to come. Next week we have summoned up to nine Governors to appear under Article 125. Mr. Speaker, Sir, I want to clarify that in Article 179 it is very clear that the executive authority of the county government is vested in the county executive which comprises of the governor, the deputy governor and the county executive committee members. It is also clear that the county executive in general, as my colleague, Sen. (Prof.) Lonyangapuo said is accountable to the governor for the exercise of its functions and powers. There is a collective responsibility, that each one of them is responsible. That institution is like a Cabinet at the national level. That is what the county executive is. But when you go to the County Governments Act, it is even clearer. What it says in Section 30 where it lists the functions and responsibilities of the Governor, it says in subsection (3)(a)(b), it gives very specific reference to the leadership of the Governor. It says:- “In performing the functions under subsection(2) the Governor shall: (a) provide leadership in the county’s governance and development; (b) provide leadership to the county executive committee and administration based on the county policies and plan;” It is very clear that the county governor is responsible. But in the same Section 30(3) (f), and this is one which we use in our committee to hold the county governors responsible for accountability, it says:- “(f) be accountable for the management and use of the county resources;” I do not understand what is not clear when county governors come and say they are not responsible when, in fact, it is very clear that they are not only responsible for the management, but the use of the county’s resources. The buck stops with them. Mr. Speaker, Sir, if you look at the report by this Committee, unfortunately, the defense used by Governor Wambora, who is a close friend and a neighbour, if you look at the charges on the procurement and under the Public Finance Management Act, both of them, based on the reports by the Auditor-General, the argument he used was: “I am not responsible for those things.” But from what I have read earlier in the law, it clear that the county governors are directly responsible for what happens under their administration. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}