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"id": 594629,
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"content": "procurement of public goods and services. In the Financial Year 2014/2015, as stated in the County Governments Budget Implementation Review Reports of the Controller of Budget, the County Executive, under the stewardship of the County Governor, incurred advertisement expenditure amounting to Kshs247 million against an approved budget of Kshs7 million as at 31st March, 2015 - that is, Kshs114 million and Kshs133 million in the half year and third quarter report, respectively – thus, further undermining the principles of fiscal prudence as stipulated in Article 201(d) of the Constitution of Kenya, 2010 and Section 107(2) of the Public Finance Management Act of 2012. (iv) Violation of Article 183(2) and (3) of the Constitution of Kenya, 2010 and Section 30(3)(b) of the County Governments Act, 2012 through failure to provide leadership to the County Executive Committee on the generation of county policies, plans, legislations and full and regular reports, regarding key programmes such as the Napier Grass, A.I. Crushes, among others. (v) Failure to establish the County Budget and Economic Forum as stipulated under Section 137 of the Public Finance Management Act 2012. As a result, the County Governor has failed to consult with the public over the preparation of county plans, budgets, economy and financial management at the county level thereby violating the provisions of Sections 87, 91 and 115 of the County Governments Act, 2012 and more importantly, Articles 10 of and 201(a) of the Constitution that require public participation in decision making. (vi) Violation of Articles 176(1) and 185 of the Constitution of Kenya, 2010 by disregarding the County Assembly as an arm of the County Government and undermining its legislative authority, through requisition of monies and not remitting the same, hence crippling the operations of the Assembly and undermining the independence of the latter. This, by extension, violates Articles 6 and 10 of the Constitution of Kenya, 2010 that underpins the spirit of mutual respect, cooperation and consultation on all governance structures. This is evident from requisitions made in the following periods that were never remitted:- (a) Kshs44,347,764 in the Financial Year, 2013/2014 (annexed); (b) Kshs28,779,000 in the Financial Year 2014/2015 (annexed), and; (c) Kshs51, 843,000 in the Financial Year 2015/2016 (annexed). This misappropriation and misdirecting of funds indicates lack of good intentions towards the Assembly and creating a monarchy system, an endevour to curtail the oversight role of the Assembly, violating Article 73(b) of the Constitution of Kenya, 2010 which requires a state officer to serve the people and not power to rule over them. This further violates Article 174 of the Constitution of Kenya 2010, which requires county governments to provide democratic and accountable exercise of power. (vii) Violation of Section Four of the County Governments Act, 2012, that requires the County Executive Committee to develop legislation on county symbols, for example, the Murang’a County Symbols Act. After the Murang’a County Symbols Bill was passed in the Assembly and consequently gazetted into an Act, the County Executive so far has failed to implement the approved symbols in all their communication artefacts. (viii)Violation of Article 227(1) of the Constitution of Kenya 2010. It was done through procurement of goods and services by state organs and public entities and 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."
}