Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 645779,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/645779/?format=api",
    "text_counter": 298,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "funded by the National Treasury. The only legitimate funding of the CoG is from the approved annual estimates by the National Treasury. It is Kshs265 million. Therefore, it is important to convene the meeting. I will liaise with the Speaker’s Office and that of the Clerk to organise for a meeting at the earliest opportunity. Secondly, Mr. Deputy Speaker, Sir, I agree with the proposals that have been made. We get the Auditor-General to do forensic audit, particularly in regard to the payments of over Kshs200million for legal fees, among others. It is interesting to note that the Auditor-General in the reports of 2013/2014 and the 2014/2015 gave a clean bill. The Auditor-General said that he is satisfied with the financial report and the state of affairs of the institution. Therefore, it is essential that we demand a forensic audit on the legal fees and other payments that we think represent some sort of slush fund. Thirdly, there is possibility of surcharging officers in the county governments. It is apparent that the county governments’ allocations to the CoG are not legal. The functions for which the county government funds are to be spent are provided for under Schedule Four of the Constitution. It does not include funding a national government entity for which the National Treasury is mandated in law to finance. Mr. Deputy Speaker, Sir, this is why the allocation varies from one county to another. It is discretional and one county agrees to pay, but the other refuses. This year one county may pay and declines the following year. Therefore, it is arbitrary. There is no provision in law. If it were lawful, every county would be mandated to pay the amounts. The amounts have been set through the minutes of the CoG. In the first year, they decided on Kshs15 million. In the second year, it was over Kshs20 million. Although they did not attach the minutes, I know others will pay and some will decline. Since there is no legal provision that the county governments provide funding to an entity for which there is funding from the national Government, it is an illegality. Therefore, there is room for surcharging some of the officers. Mr. Deputy Speaker, Sir, fourthly, it is appropriate to warn the county assemblies. I know that these monies have been provided for in the county budgets. The county assemblies have approved those budgets. When we visited the County Assembly of Embu, we were told that there was a time they delayed the approval of the budget because they wanted the amount to be removed from the budget. Therefore, the county assemblies need to know that approving such a fund within their budgets to be paid to the CoG is an illegality. They must decline to approve any funds to the CoG. The institution is funded by the national Government and is provided for in law. Lastly, I suggest that the Senate writes to the Ethics and Anti-Corruption Commission (EACC) to investigate some of the payments and transactions relating to these. They have been claiming they hired aircrafts and may have used these monies for other illegalities. We know there is a possibility of irregular transactions that have been conducted by the Council. Mr. Deputy Speaker, Sir, those are the five general points that I propose. It is also surprising that donors and, in particular, the United Nations Development Programme (UNDP) can give nearly Kshs60 million to an entity that is funded. The UNDP understands the challenges of poverty, water and health in our communities in this country. It is surprising that many other institutions are funding. 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"
}