{"id":695072,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/695072/?format=json","text_counter":1203,"type":"other","speaker_name":"","speaker_title":"","speaker":null,"content":"Court of Appeal considered the issue of collective responsibility as a matter of practice but what the Court of Appeal did not consider is the import of collective responsibility as a legal obligation imposed by statute. That can be found at Section 102 of the PFM Act. That is a responsibility that enjoins even the governor as the chairman of the CEC committee. That legal distinction is very important in evaluating the net effect, net import and tenure of that court of appeal judgment in these proceedings. The issue of Kshs352 million and Kshs70 million as asked by Sen. Murkomen, it is simple. The Kshs352 million is in the Annual Budget Implementation Report. This is the county executive saying we have spent Kshs1.61 billion on developments. So, the assembly asks, where are the projects because development can only be programmes and projects? They are given a list but the list of the projects, the total is less. It is Kshs800 million. So, there is a difference. The question that poses is that why are you not being truthful and honest in reporting what you spent this balance on. It is like I give Kshs100 and you tell me I will spend the entire Kshs100 but I will only tell you how I spent kshs70. For Kshs30, do not mind. Just know that I spent it but how I spent it is my own business, I will not tell you. The only reason we got this response and details is because these charges were filed. This response was only received in their response to the charges before this House. But for these proceedings, we would never have known how this Kshs352 is alleged to have been spent. That is why we are saying, it is a constitutional imperative you be open and transparent. That is a constitutional duty that you have no discretion whatsoever on and that is where that issue of a direct violation of the Constitution arose from. I hope I am clear on that Sen. Murkomen. On the issue of the Kshs70 million, the Controller of Budget was here and she said her report is truthful. In fact, she said her reports can be relied upon by this House and by any other institution. In that report, she says – and this is not disputed – that to the Nyeri County Operational Account, I only authorized Kshs545 million to be spent. I am still answering the question by Sen. Murkomen on the Kshs70 million. I only authorized Kshs545 to be spent but the total expenditure admittedly spent by the County Executive is Kshs615 million. So, they spent more, by their own admission, than that which was authorized by the office of the Controller of Budget. So, the question that immediately poses is; where did you get the additional money that was not authorized by the Controller of Budget. The only explanation is that the Kshs70 million was local revenue that was collected but not deposited in the county revenue fund and spent because Kshs615 million is not a commitment. It is an actual expenditure as explained by the Controller of Budget. In that regard, we were told because of these charges, last week, the county executive rushed to our office to try and explain things up. We heard the explanations and she was very unequivocal that she cannot explain for a fact that this money was not spent unless she views the primary documents. From her record, the figures are clear. Over Kshs70 million was spent from local revenue from the source. Regarding the budget impasse, I think it is easy. It does not need a lot of interrogation. All the executive needs to do is to bring the Appropriations law for consideration by the assembly. The assembly will consider and pass it and forward it to the governor for assent. If there is any issue arising from it, then a memorandum can be issued for consideration. On the issue of engineer’s estimates, the Senator who asked specifically on the reference to that can be found on --- 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."}