Entry Instance

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

{
    "id": 693845,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/693845/?format=api",
    "text_counter": 724,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "important to appreciate that under Section 137 of the County Governments Act, the requirement of that public forum is to help or avail the public with an opportunity for public participation. This is because the composition of that forum is a broad spectrum sort of forum which is comprised of professionals from different fields who have been given that function under that Section to participate in the budget-making process. Certainly, there must have been some value addition that this forum was to bring on board. In the past, these budgets have been passed without the contribution of that forum, not because that forum cannot be put in place but because the person conferred with the function and obligation to initiate the process of constituting that forum has failed to act. In our bundle, we saw a letter from one of the Chief Officers where he promised the Assembly that that would be done within 30 days and this was in March, 2015. The Senator from Elgeyo-Marakwet asked on the link. The Governor is already aware that that forum is not in place. In fact, he had the audacity to tell the Assembly that we will put in place this forum within 30 days. That was in March, 2015, but until today, the 30 days have not lapsed and there is no explanation whatsoever. That is a gross violation because it then denies a very important organ an opportunity to participate in the budget-making process. On the Curriculum Vitae (CV) of the Acting Secretary; at page 704 of the big bundle of Vol. No. 3, an issue has been raised on the qualifications of an Acting County Secretary. This is to be found at page 704 where the committee of the assembly that was looking into this matter invited the Acting County Secretary to provide qualifications. This was very important. Whereas the governor can appoint a person in an acting capacity, that person must meet the requirement of a substantive holder of that position. Mr. Speaker, Sir, the case of the assembly is this; that you have an Acting County Secretary who does not meet the qualifications set out under Section 44 of the County Governments Act, 2012. If you look at page 704 on the document paginated at the bottom page 10, this is what the Legal Committee is saying in its report. The committee did not obtain any copies of the testimonials so as to ascertain her academic qualifications. If you turn to page 706, annexure 2.2.1 on the meeting held at 10.00 a.m. the Acting County Secretary is being invited and a letter of invitation citing that she would not be available to attend the meeting due to prior commitments. She is being told to avail the documents. It is not witch-hunt. We want to satisfy ourselves. That opportunity is snubbed. That led to the recommendations at page 712. These recommendations were brought to the attention of the governor where he was told as the person appointing, we have made our recommendation that she should forthwith cease holding office as the Acting County Secretary and another person be competitively sourced and appoint a person in an acting capacity for not more than three months. So, the assembly appreciates that you cannot appoint a substantive person immediately. But if you are to do that, we are minded that the law requires you to make sure that acting appointment meets the qualifications of a substantive holder. The governor did nothing. On the accusations as per the questions by Sen. Orengo, they are on the Accounting Officer and not the governor. We have raised serious gross violations of the Public Procurement and Disposal Act. On the issues of disclosure, you will notice that this was the subject of correspondence including the budget making process where even a memorandum was sent. The executive headed by the governor was aware of this consent. There is another obligation under Section 30 (3) (f) which imposes an obligation on the governor to account. I know this is a 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."
}