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{
"id": 420818,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/420818/?format=api",
"text_counter": 218,
"type": "speech",
"speaker_name": "Hon. Ababu",
"speaker_title": "",
"speaker": {
"id": 108,
"legal_name": "Ababu Tawfiq Pius Namwamba",
"slug": "ababu-namwamba"
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"content": "and the efforts they are making to make sure that we live up to the spirit of Article 203 of the Constitution. They are:- Hon. Cecily Mbarire, hon. Joseph Manje, hon. Jude Njomo, hon. Joel Onyancha, hon. Kareke Mbiuki, hon. Gonzi Rai, hon. Julius Melly, hon. Jackson K. Rop, hon. James Bett, hon. Fathia Mahbub, hon. Mathias Robi, hon. Stephen Manoti, hon. John Sakwa Bunyasi, hon. Arthur Odera, hon. Edick Omondi Anyanga, hon. Samuel Arama, hon. Junet Sheikh Nuh, hon. John Mbadi, hon. Kyengo Katatha Maweu, hon. Silvance Onyango Osele, hon. Manson Nyamweya, hon. Alice Nyanchoka Chae, hon. Andrew Mwadime, hon. Abass Ahmed Ibrahim, hon. Geni Charles Mong'are, hon. Jessica Mbalu and, of course, yours truly, the Member for Budalang’i. Hon. Speaker, the reports we are presenting right now are for the Financial Years 2008/2009 and 2009/2010. These Reports were prepared by the preceding Committee and allow me also, in the same spirit, to acknowledge the membership of the Committee that prepared these Reports. They are:- Hon. (Dr.) Boni Khalwale, hon. (Dr.) Julius Kones, hon. Martha Karua, hon. Daniel Muoki, hon. Charles Onyancha, hon. Alex Mwiru, hon. Boaz Kaino, hon. Francis Chachu Ganya, hon. (Dr.) Nuh Nasir Abdi, hon. David Ngugi and hon. Edick Anyanga. Those were the Members of the Committee when these Reports were prepared. This Motion was interrupted a week ago. I was at the point of mentioning Article 226 of the Constitution which stipulates that, if the holder of a public office, including a political office, directs or approves the use of public funds contrary to the law or instructions, that person is liable for any loss arising from that use and shall make good the loss, whether the person remains the holder of the office or not. That Constitutional provision was long overdue as in the past, accounting officers had committed financial malpractices with impunity and got away with them for lack of any elaborate legislation to hold them accountable. The Committee calls on accounting officers to take notice of this provision and act prudently to safeguard public funds from loss or face dire consequences. Indeed, the Public Finance Management Act is clear in terms of every accounting officer being personally responsible for their actions in the expenditure of public resources. In pursuance of Article 226 (1) of the Constitution of the Republic of Kenya, Section 74 of the Public Finance Management Act of 2012 gives accounting officers powers to discipline errant officers under their jurisdiction. The same section of the Act also gives the appointing authority of accounting officers powers to discipline errant officers under Section 74(3) of the Act, which further empowers the appointing authority to revoke the appointment of errant accounting officers. In the past, the appointing authority had previously told the Public Accounts Committee that accounting officers had continuously committed or presided over fiscal indiscipline and malpractices in their Ministries with impunity, as there was no legal framework giving them powers to sanction them. The Committee is glad to note the enactment of the Public Finance Management Act and calls on the appointing authority to strictly apply provisions of this Act to ensure fiscal discipline over public funds. In both Reports, the Public Accounts Committee has applied Section 226(1)(5) of the Constitution and Section 74 of the Public Finance Management Act to recommend the investigation and the surcharging of various persons that may have been responsible for the loss of public funds. Indeed, the Report The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}