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{
"id": 669377,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/669377/?format=api",
"text_counter": 136,
"type": "speech",
"speaker_name": "June 30, 2016 SENATE DEBATES 30 Sen. Wamatangi",
"speaker_title": "",
"speaker": null,
"content": "Mr. Temporary Speaker, Sir, I also rise to laud the decision of the Speaker to uphold the law as it is. As a Member of the Committee on the CPAIC, as I was listening to the various contributions and, especially the one by the Senate Majority Leader, I was being reminded of extremely disturbing and interesting incidents that have continued to be displayed in this Committee. For example, one governor appeared before the Committee and there was a query for Kshs256 million. The governor said he had spent it on bush clearing and building roads. Upon challenge that the Committee should go to inspect and see where this Kshs256 million was used, the governor was very prompt to say that the bushes had already grown again and so it would be futile to go and inspect. This is the kind of theft and lies that have occurred in almost all our counties. It is also important for us to tell the country that we should remember the precedent set by governors. Indeed, it is clear that they intended to use this incident as a scapegoat. Let us remember that immediately the Senate came into being and the role of oversight started to be implemented, governors rushed to court. As we stand now, as a Committee, are 10 months behind schedule. We have barely looked at three quarters of the counties. As we are trying to catch up on time, this is the time that these governors are trying to use a new excuse. Mr. Temporary Speaker, Sir, let me say two things quickly. One, we need to tell governors that it is not optional for them to choose to obey or disobey the law. It is clear as set out in the role of this Senate in Article 96(3), that it is our work and duty to oversight counties. The Constitution is also clear in Articles 228 and 229(6) as to what should happen to the reports of the Auditor-General. It is also clarified in the Standing Orders of this House. Article 125 goes ahead to lay out the powers of this and all committees of Parliament as to what we should do in case of defiance. We, as the Senate, must also seek to introduce or enhance this role by doing specific things that will make it unfashionable and a quick choice for governors to choose to disobey. The way the game is played now, it is like governors assume that if they refuse to appear before the Committee, Senators are the ones who will suffer, be ashamed or feel belittled. That is the conception. We must enforce the law to ensure that this does not become what is played out. One way to do that is in enforcing the reports of the Auditor-General, which are about projects and misappropriation of funds at the county level. We need to pick those specific projects where money has been stolen, and as Senators, including the Senator of the County, should go to the ground, and call the people who are the owners of this money and tell them, “We have come here because your Governor has refused to come to answer questions about this project.” As you heard the Senator for Tharaka-Nithi saying, let us go to those rivers, snake parks and roads and call the people who will come, and tell the stories where they are, at the county level. I assure you that once we do that, no governor is going to be hiding any more at the county level. They would rather come to the Senate, because the way they are playing it now, it looks like we are begging them and we cannot afford to do that. Secondly, Mr. Speaker, Sir, we should rope in the other constitutional offices that are involved in this. One, the Office of the Controller of Budget, in releasing the various tranches of funds that go to the county. This House needs to find a way that, when we 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"
}