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{
    "id": 802132,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/802132/?format=api",
    "text_counter": 189,
    "type": "speech",
    "speaker_name": "Hon. Cheptumo",
    "speaker_title": "",
    "speaker": {
        "id": 50,
        "legal_name": "William Cheptumo Kipkiror",
        "slug": "william-kipkiror"
    },
    "content": "one observation which is critical. Kshs1 billion is available, but we do not have a legal framework to implement and apply that amount. The Committee also observed that there are ongoing suits against the Government with a financial risk to the tune of Kshs769.9 billion. Those are ongoing cases against the Government. In addition, there are awards against the Government pending payments to the tune of Kshs115.7 billion. The total of this is that we are exposed as a country to a tune of Kshs886 billion. Those pending bills in terms of the court awards is as a result of State agencies not promptly paying settlement of claims, but abandoning the same with the Attorney-General’s Office. The Committee further observed that the Judiciary was in the process of constructing various courts so as to extend functional courts to all the 47 counties. We have a total of 72 courts now being constructed across the country. Under Section 24 of the Political Parties Act, the Government is required to allocate 3 per cent, which is actually Kshs2.7 billion of the national Government revenue of 2017/2018. The BAC allocated only Kshs371 million to this. We have to comply with the law, particularly Section 24 of the Political Parties Act, and there is a court order that was issued in respect of this payment. There is need to avail Kshs2.7 billion for the Political Parties Fund. The Committee made policy recommendations. As a matter of policy, the Government should consider setting up a fund because we need to deal with the issue of Kshs886 billion pending bills. How will the Government deal with that particular outstanding bill? We should come forward with a procedure to deal with that huge burden. We propose that the Government sets up a fund to sort out those bills. We should come up with measures that will enable the Government to raise money to pay those outstanding bills. In addition, the Committee further recommended that in setting up the fund, the Budget and Appropriations Committee should consider effecting budgetary cuts against State agencies that lost those cases and have claims to settle in order to raise funds for the kitty, subject to their contributions to the awards against the Government. This will discipline institutions and Government departments so that they can ensure that when they execute their functions, they do not become careless and end up exposing the Government. There were also financial recommendations. There was a proposal to reduce the allocation of Kshs1 billion to the Office of the Attorney General for the National Justice Restoration Fund by Kshs500 million. This is proposed to be spread across the needs of other agencies under this sector. There is a proposal to reduce the allocation to the Judicial Service Commission by Kshs100 million. The Committee’s decision is informed by lack of adequate justification by the Commission for the significant increase in its budget for 2018/2019 Financial Year. The Budget and Appropriations Committee, in its wisdom, reduced the budget for the Judiciary by Kshs2.5 billion. There is Kshs1.6 million donor funds from the World Bank and the balance is the Government’s contribution. This has the effect of delaying completion or construction of court houses. This is an area where, in the Supplementary Budget to come in the course of this year, we need to make provisions so that we avail funds for the completion or construction of court houses. There were a number of proposed increments. For the Commission, we requested Kshs34 million. The Committee allocated only Kshs10 million, leaving a balance of Kshs24 million. We also requested a funding of Kshs75 million for the Independent Electoral and Boundaries Commission (IEBC), but the Committee did not approve it. There are several agencies under our sector which do not have enough funding for their functions in the coming financial year. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}