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{
    "id": 517816,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/517816/?format=api",
    "text_counter": 154,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "(i) Whether the claims made by Members of the PAC against the Chair and against each other constitute a breach of the privileges and/or conduct of Members of Parliament; and (ii) Whether following the allegations, the PAC would be in order to continue discharging its mandate of offering oversight of other Government institutions and agencies on behalf of this House. Several hon. Members, including the Deputy Speaker, hon. Midiwo, hon. Manje, hon.Wandayi, hon. Yusuf, hon. Osele, hon. Ngeno, hon. Abdikadir, hon. Baiya and the Chairperson of PAC subsequently contributed to the debate, raising issues peripheral to those raised by the Leader of the Majority Party. Amongst the issues raised were:- (i) whether criminal culpability accrues to a group of persons or to an individual person and whether it is prudent to condemn a whole membership, either of a committee or of the whole House, merely on account of an allegation that is directed, or is concerned with a particular individual; (ii) whether the House should entertain allegations against its Members without substantiation by the person alleging as required under Standing Order No. 91; (iii)whether a matter that has been investigated by a committee and the outcome delivered in the committee can be revisited by the plenary of the House or by another committee of the House; (iv) whether allegations of breach of privilege or the ethics of Members of the House should be dealt with by their respective political parties or by the House. Hon. Members, before I make my decision known to the House, allow me to revisit the question of the place of the PAC as I had done sometime last year. There has been growing interest in parliamentary accountability and oversight as part of the wider interest in stronger political institutions and structures. The popularity of parliamentary public accounts committees is regarded as having originated in the nineteenth century in Britain with the establishment of a Select Committee of Public Accounts in the year 1861, which was a precursor to earlier notably sporadic committees and commissions of public accounts. This trend has developed in most parliaments with many legislatures having equivalent of public accounts committees to scrutinize government funds. In this regard, watchdog committees like the Parliamentary Public Accounts Committees have been established to deal with these matters. In our case the PAC and the Public Investments Committee (PIC) have been established by Standing Orders Nos. 205 and 206, respectively. The Committee draws its power from the provisions of the Constitution of Kenya, 2010, in particular Articles 95 and 229, which give the National Assembly powers to appropriate funds for expenditure by the national Government and other State organs through approval of the Budget and subsequently oversight over the national revenue and its expenditure. On the other hand, the Auditor-General is required to audit and report on accounts of the national Government and other State organs, amongst others, and submit such reports to Parliament. Hon. Members, the Auditor-General thus has a direct responsibility to Parliament and the Committee whose work is made more credible by the support of the Auditor- General. It follows, therefore, that the work and the reports of the Public Accounts 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."
}