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"content": "have a defiant governor who continues to refuse to come and account for money that he got, we have to go the way we tried to go as a Senate earlier although we faced a few road blocks in ensuring that by law, that governor does not receive the next allocation before he has accounted for those funds. Thirdly, you have seen all the time, the Treasury publishes a whole page of money that has gone to counties, that this money left on this date. Mr. Temporary Speaker, Sir, I have made a proposal before, which I would want to be looked at, that this House needs to engage the Treasury which has no business in releasing those monies directly. That report should be sent here to the Senate, and when money is being allocated for example, to Kajiado county, it is the Senator for Kajiado who should rise up in this House, read it out and say,” This year, the amount going to Kajiado is so many billions. This amount will go this time.” This is because it is the role of the Senator, but when that money is just disbursed and reports published in the papers, even as we try to tell our people that it is our role, it is misunderstood. I think it is very important for us to make that we engage Treasury. Lastly, Mr. Temporary Speaker Sir, we also need to implore the Legal Department of Senate. As you had my colleague saying, when we get to the point of summoning the Governors, if any one of them decides to disobey, then the next step is to ask for legal option. The few cases that we have had, the Legal Department of Parliament will push a little bit and lose steam somewhere in midstream. When you want to say that there is penalty and punishment to be suffered, you cannot show it. It is very important that we also implore our legal department that when we get to that stage, be ready to fight and to push until the end, until the day when we have somebody who has been convicted. The Public Audit Act 2015 section 62 is very clear. It lays out the penalties and says that it is an offence to refuse either to appear, to come and adduce evidence or to produce papers. The punishment in that act is that somebody is liable to either five or three years imprisonment. The only thing we need to do is to enforce that law. This story that you have heard Governors trying to peddle, that “because Senators want to run for office, that is why we think that it is improper for us to appear before them. Mr. Temporary Speaker, Sir, can it be clear that other than Senators, even at the county level there are County Executive Committee Members (CEC) who are under Governors and are already competing to be Governors. Half of the Deputy Governors want to be Senators. If there was anything to be feared, it is the guys who are already sitting with the governors in their offices. This lame excuse that Senators are unsuitable to supervise because of their intent and ambition to run for offices, is not only a hoax but also misleading and a gimmick that is being used to defraud this country of public funds. We must say with one voice as a Senate that public service must also attract responsibility. Those that are not willing to be asked these questions or have answers to them would better walk and leave the office honourably. When the office is vacant, it will find another occupant who will be willing to came and account for what they do. I support. 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"
}