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{
    "id": 842560,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/842560/?format=api",
    "text_counter": 178,
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    "content": "Why do you not apply Section 62 of the Public Audit Act and ensure that if there are certain documents you are supposed to get on time, you receive them? In any case, if there are issues,Section 99 of the Public Finance Management Act is very clear on the penalties and surcharge. The Committee that we sit in now has fought hard to preserve its integrity. It has surcharged certain governors who appeared before uswhodid not provide the documents they were supposed to provide. To some point, Madam Temporary Speaker, I agree with my good friend, the Senator for Marsabit County. When he sat in our Committee, the auditor said, “This issue was resolved.” However, in Kilifi County, there were issues of imprest. The law is very clear, even for Senators, that when Senators travel, they only have 48 hours to surrender the imprest. What is the penalty if you do not surrender imprest? You are supposed to be charged with interest. We are not sure now, as we adopt this Report--- Madam Temporary Speaker, I wish that the Senator for Kilifi County was here to interrogate this Report. Even before we contribute to this Report, I wish that all Senators will take time and read the recommendations given by that Committee. There are some serious recommendations here and I hope that the EACC will pick up these issues. On imprest, interest should be charged based on market rates from 2014 until now. Do we know whether that money was recovered? Madam Temporary Speaker, when we were talking earlier on, Sen. Sakaja brought up an issue about this Senate having a way of performing the oversight role. I am actually disappointed by this Senate and also by the Secretariat because I started working on a Bill on County Oversight and Public Participation eight months ago. The Bill was going to ensure that the Senator and the people on the ground work with the Office of the Auditor-General and the Controller of Budget to monitor what is going on there. When you involve the community on issues that are affecting them--- I am not saying that the Auditor is compromised, but when you read this Report and you look at the observations or the queries, then later on you are told that they were cleared, you start questioning whether there were any elements of complicity.When you look at this Report and you are told that it was a restricted tender, what does the law say aboutrestricted tendering? Does everything have to be procured on a restricted tender? Why is it that in Kilifi County, 90 per cent of all the procurements for that year were on restricted tenders? Madam Temporary Speaker, it is imperative that we look at these reports and follow through, because one of the problems we have in this House is that we do not have an Implementation Committee. I request my chair that we now follow through and ensure that once this Report has been adopted, we follow up and ensure that whatever has been recommended has been implemented. How can a governor come in and the county government disregards the rule of law? One of the general recommendations which was given here is very clear. It says:- “The County Government, on several occasions, did not follow the procurement rules and regulations in sourcing for goods and services.” If you do not follow the rule of law then, of course, you could be running a kiosk in the name of running a county government. 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."
}