{"id":695197,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/695197/?format=json","text_counter":1328,"type":"speech","speaker_name":"Sen. Wako","speaker_title":"","speaker":{"id":366,"legal_name":"Amos Sitswila Wako","slug":"amos-wako"},"content":"Gross violation of law, sorry. Mr. Speaker, Sir, I used to be a special rapporteur on human rights of the United Nations so human rights come easier. Let me go on. On count seven of the first Charge, I think there has been a violation of law in that although Section 137 of the PFM Act says a forum be set up as soon as practically possible---. I can agree that from 2013 up to now, it has not been set up. Even then, the assurance of the CEC Finance that it will be set within 30 days from 30th March, 2015 has not been done. That is a gross violation. On failure to assent, that is a violation of the Constitution because the grounds are set out in the Constitution for reasons that the governor must either assent or return the Bill back with reasons. He never did that and he cannot rely on the fallback position of 14 days from publication for the Bill to come into force. On the issue of the appointment of the County Secretary, there has been a violation of the law in that he has been acting for more than six months according to the guidelines given by the Public Service Commission Regulations. They have not taken any steps up to today to amend that situation. They have advertised all posts of all other acting county officers, but not this one. There has been a violation of law on that regard. On the acting County Executive for Finance, again, there has been a violation of the law on acting. It says you cannot act for more than six months. Here it is even worse because we are told that he does not have a chief officer. That key position of Finance without a chief officer and acting CEC, maybe has led to some of these violations and infringements on the issues of budgeting process and other things. To me, there has been a violation of the law. However, in my mind, the violations of this law do not amount to gross violations of the law on that regard. I would speak on the other issues, but my colleagues have spoken very ably on the other issues of procurement and budgeting process. I almost agree that the Governor can be found guilty on this enough to send him home. However, the evidence of the Auditor-General and the Controller of Budget made me start doubting and the fact of the matter is that I also sit on the County Public Accounts and Investment Committee, and I know that the audit report, which forms the basis of this allegation, is yet to be completed. It is now before us and in due course it 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."}