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{
    "id": 921828,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/921828/?format=api",
    "text_counter": 284,
    "type": "speech",
    "speaker_name": "Sen. M. Kajwang’",
    "speaker_title": "",
    "speaker": {
        "id": 13162,
        "legal_name": "Moses Otieno Kajwang'",
        "slug": "moses-otieno-kajwang"
    },
    "content": "Mr. Deputy Speaker, Sir, the appearances by governors have brought to the national debate the state of financial management in counties. For example, in Kiambu County, the Committee revealed that their budget execution report included budget items running into billions that were on functions that were not devolved. This led to a heated national debate on the integrity of financial reports from counties, the fitness of IFMIS to support counties as well as the capacity of the Auditor General and oversight bodies to proactively address financial management challenges at the counties. The Committee resolved to request the Auditor General to undertake a special audit of Kiambu County within 45 days. I would like to report that next week on Monday, the Committee shall be meeting with the Auditor-General to get a report on the progress of the special audit. Other matters that the Committee has dealt with during this period include: The Nairobi Civil Appeal No. 204 of 2015: Council of Governors & others vs Senate & Another. The Court of Appeal in this case affirmed the constitutional power of Senate to invite or summon governors as witnesses in line with Article 125 of the Constitution. This power had been challenged by the COG. We understand that COG has escalated the fight over this matter to the Supreme Court. Mr. Deputy Speaker, Sir, while giving its judgment, the Court of Appeal made an observation regarding the distinction between national revenue allocated to county governments and revenues collected at the county. The court made the observation that the oversight role of the Senate was limited to national revenue allocated to counties as per Article 96(3) while County Assemblies ought to oversight revenues collected locally. This observation has practical challenges and cannot be implemented. At its meeting of 9th July 2019, where the Director of Legal, Director of Litigation and the main Counsel advocate, Mr. Kioko Kilukumi were present, the Committee resolved as follows- (1) That the observations made by the Court of Appeal Judges on the distinction between national and own source revenue has practical challenges and cannot be implemented. Therefore, the observations shall be considered as obiter dictum. (2) That the Senate must robustly defend itself against the matter filed at the Supreme Court by the COG on its power to summon Governors in line with Article 125. (3) That the Senate should come up with legislative and procedural guidelines to ensure clarity between the oversight roles of the Senate and County Assemblies Mr. Deputy Speaker, Sir, the other matter noteworthy to report is that the Office of the Auditor-General (OAG), working under request from the national Treasury, conducted an audit of pending bills in counties and tabled the report in the House on the 3rd July, 2019. The report indicated that pending bills as at 30th June, 2018 had reduced from Kshs108 billion to Kshs51 billion. The Committee has done a preliminary review of the report and the Committee is not satisfied with completeness and comprehensiveness of the report and has requested the OAG and Controller of Budget (COB) to submit a more detailed report that analyses the pending bills per county. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}