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"content": "Section 30 (3) (f), the Chairperson of the Committee has also pointed this out, it provides that:- “In performing the functions under subsection (2), the Governor shall- (f) be accountable for the management and use of the county resources” We found out that by refusing to abide by this provision, the Governor had violated the County Governments Act. The County Governments Act requires that before any office is advertised in the County Public Service Office, that office must be approved by the County Assembly. Again, the Governor told us that he did not know and he did not do anything to correct that. Mr. Speaker, Sir, there is the provision of the violation of the Constitution in these charges. If you read page 36 of the Report, it was the Assembly’s case that the report of the face lifting of Embu Stadium was completed without input of the f the County Secretary, who was summoned to appear before the Committee. What we established in Embu County is that there is a bad relationship between the County Executive and the County legislature. We established that in that relationship, the County Secretary under the supervision of the Governor, ignored summons of the County Assembly. The County Assembly was trying to inquire into issues about Embu Stadium. Ignoring summons from the County Assembly is violation of the Constitution. The Constitution says there is separation of powers between the County Executive and the County Legislature. Checks and balances cannot continue without a situation where the Executive will be respecting and responding to invitations from the County Legislature. Finally, Mr. Speaker, Sir, I want to give a rider. This Committee did not find that the County Assembly was clean from impropriety. We must be very clear on this. We did not say that the Embu County Assembly is presided over by angels; neither are we saying that those Members of the County Assembly are free from culpability of certain acts of corruption. We just want to say that it was not one of the issues that we were dealing with. But in my inner spirit I believe that some county assembly members are equally culpable just like the Governor is. It will be the responsibility of a different committee of this House, if we have to be fair, to demand auditing of the use of finances in the county assembly so that moving forward, we are capable of inviting the Speaker of the County Assembly and Members of the County Assembly, so that we ensure that even those resources that are shared to be used by the County Legislatures are not misappropriated. Mr. Speaker, Sir, as I conclude, there are many men and women who said that this Committee or who imagine that the Senate had made its mind in terms of the final outcome. I want to tell you clearly that we sat up to 2.00 a.m. on two occasions and up to mid-night on one occasion, just trying to find the truth. We together assembled last evening, sat in a particular corner and asked ourselves: What exactly is the finding of this Committee in relation to these charges? Those who imagine that we had pre-determined answers on this report are wrong. This report has been a product of hard work from my colleagues – as the Chairman was saying before you interrupted him, we even discovered that Sen. Zipporah Kittony can still run an Olympics because of the endurance that she had in going through this process--- 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."
}