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{
    "id": 603230,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/603230/?format=api",
    "text_counter": 109,
    "type": "speech",
    "speaker_name": "Hon. (Ms.) Kanyua",
    "speaker_title": "",
    "speaker": {
        "id": 981,
        "legal_name": "Priscilla Nyokabi Kanyua",
        "slug": "priscilla-nyokabi-kanyua"
    },
    "content": "order. The rationale is that that property is crucial for the delivery of common services to the people. In the event of successful litigation, one is allowed to execute and sell off such property with a natural person or a company. But in the event of Government, there is a mechanism provided for in the current Section 21 which allows, first, for the debt to be verified and any payment to be properly budgeted for. Otherwise, Government departments would never be able to transact business. If we look at the levels of corruption that we have, this is one area that has stood protected and guarded against corruption. If you get a court order against the Government under the current Section 21, there is an avenue for satisfaction of court orders by the Government prescribing a different procedure for any civil proceedings against Government. A person who is granted an order against the Government, a Government department or an officer of Government, has, first, to apply for a certificate from the court containing the particulars of that order. Where the order obtained against Government requires the payment of money by way of damages or cost, the amount is to be clearly stated on the certificate issued by court. This is in order to enable the responsible Accounting Officer of the Government department to pay only the amount certified by court. The Section provides for this different procedure requiring the certification of orders against Government and precludes persons from executing against Government property to ensure that:- (a) Public funds through which such orders are satisfied are not wasted through payment of debts that have not been verified; (b) Accounting Officers have adequate time to carry out any remedial action required, including the payment of any money required to be paid by the court order, and most importantly; and, (c) The operations of Government do not grind to a halt as a result of the debts that can properly be managed and budgeted for. The way Government pays for its court orders is through the Budget process and not through execution. It is this protection afforded to the national Government that Senator Mutula Kilonzo Jnr., is asking the National Assembly, in his Bill, to extend to county governments. This is clearly understandable by the Committee. The Departmental Committee on Justice and Legal Affairs agrees wholly that the proposal contained in this Bill is welcome and timely. The Committee has been considering changes to the Government Proceedings Act to be introduced by Hon. Olago Aluoch. That matter is still under discussion with the Attorney- General. As it is, the Committee recommends to this House that the Bill by Senator Mutula Kilonzo Jnr. that is being introduced to this the House and being moved for Second Reading, be adopted by the House and that the protection availed to the national Government is extended to county governments. It would be very sad to see, for example, attachment of an ambulance, a vehicle or equipment belonging to a county government for settlement of debts. We would wish to caution our county governments not to enter into debts without the necessary legal framework. As we caution the county governments not to enter into debts without the necessary legal framework, we also would wish to extend protection against execution of properties belonging to county governments. 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."
}