{"id":693923,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/693923/?format=json","text_counter":54,"type":"other","speaker_name":"","speaker_title":"","speaker":null,"content":"page 124. All these documents are queries. These claims were allegedly submitted by contractors to the county assembly, so that it could look at these issues. For example, at page 81, a contractor says that he did some work and is owed Kshs4.4 million, which he wanted to be paid. He then lodged a claim to the county assembly. Most of these works are awarded by the Members of County Assembly (MCAs) verbally; that is what happens on the ground. This is a statement of fact and part of our evidence. Most of them then use pressure. Yesterday, the governor said that when he was sick they put massive pressure on the county executive officers to allocate specific projects in the wards to the MCAs. Yesterday, it was stated by the governor that in the Financial Year 2015/2016 each MCA had a project. On Page 67 of the County Assembly Document, Volume III, is a list of projects approved by the County Assembly. The import of that is that there is a huge fight between the MCAs and the County Executive Member who is in charge of projects execution on these projects. The MCAs, in breach of the provisions of Article 185(5) that requires them to do oversight while respecting the separation of powers, wanted to be involved in the developmental activities. They award these tenders orally to people on the ground, and then they force the County Government to pay. The truth is that when the County Assembly was putting much pressure on the County Government to pay, the County Governor formed a task force through his county secretary to look at these claims. Who procured them? Were they legitimate claims? If you look at that charge critically, it says: “The Governor later formed a task force to regularize the illegal procurement of various tenders.” Indeed, there was a task force which was formed by the County Secretary. All these letters are addressed to the County Secretary. If you look at the claims, it says:- “The County Secretary you owe us money and you ought to pay us.” Therefore, the Governor formed a taskforce to look into these issues. That was in the interest of safeguarding public funds. How can you then say it was a gross violation, yet the Governor wanted to find out that if, indeed, you did work who procured you? Where is the Local Purchase Order (LPO)? Where is the contract that was signed? When this task force was formed, no contractor appeared before it to lodge a claim. It shows you that there was something fishy going on in these claims because they were not done in accordance with the procedures governing the PFM Act and Public Procurement and Disposal Act. The County Government of Nyeri will never pay. It will only pay if they were done in accordance with the procedures governing PFM Act and Public Procurement and Disposal Act. Does this allegation meet the threshold? It does not at all. I will now move on to next allegation with regard to Procurement of Karson’s House. This allegation is found on page 11 of Volume II of the Governor’s bundle. It is important for our submissions to emphasize that the burden of proof on this issue lies in the County Assembly. This is because they are saying we procured Karson Photo building while contravening the Public Procurement and Disposal Act. It is true that the County Government of Nyeri leased part of this building. It is true the County Government of Nyeri is presently using the premises. Were procedures for leasing as known in Government followed? That is the issue we need to interrogate here. 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."}