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{
    "id": 943965,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/943965/?format=api",
    "text_counter": 174,
    "type": "speech",
    "speaker_name": "Sen. M. Kajwang'",
    "speaker_title": "",
    "speaker": {
        "id": 13162,
        "legal_name": "Moses Otieno Kajwang'",
        "slug": "moses-otieno-kajwang"
    },
    "content": "As I finalise, it is surprising that we still have counties making statutory deductions from employees but not remitting them to the relevant State agencies. There are two things; there are those who do not deduct but I think the biggest sinner is the one who deducts the National Hospital Insurance Fund (NHIF) for an employee and does not remit it to the NHIF. This has caused untold suffering to poor and innocent workers and their families. Mr. Deputy Speaker, Sir, it is not just NHIF, there are also loan deductions. People have been blacklisted by the Credit Reference Bureau (CRB) as a result of the negligence of county governments. It is just that we are a country guided by the rule of law. Some of these things might tempt you to propose mob justice kind of approaches but we have made it clear that all officers whose responsibility it is to deduct and remit those statutory deductions must take responsibility not just for their negligence but also for the costs. If you do not remit NHIF or the National Social Security Fund (NSSF), there is a penalty. That penalty should not be borne by county residents but should be surcharged on the individuals who failed to do what they were supposed to do. If you allow me, I have seen Members of my Committee present here and Senators from the respective counties are also present. I want to encourage them to look at the reports for their counties very keenly. I do not promise a perfect report. This is a 600-page report. We probably could have come up with certain standard recommendations whereas it would be more prudent to make more specific recommendations for counties. I invite Senators to interrogate the reports and advise us. Where we have made punitive recommendations or have been lenient, that can flagged. Mr. Deputy Speaker, Sir, as I finalise, today, we had an interesting conversation around Sections 11 and 12 of the Public Audit Act. The officers from the Kenya National Audit Office, as far as they are concerned, there is no Auditor-General in Kenya and there is nothing that can be done right now that has the force of the Auditor-General of the Republic of Kenya. Section 12 of the Pubic Audit Act provided for the circumstances where the Auditor-General is not in office and allowed the President to appoint the senior most deputy to act; in the same way we did with the Controller of Budget (CoB). Transparency International (TI) went to court and got orders that annulled certain parts of Section 12 and said it was unconstitutional. We are in a situation where since Mr. Edward Ouko left, the officers at the Kenya National Audit Office cannot commit themselves on anything. They cannot bring any report to this House with the signature of the Auditor-General. Mr. Deputy Speaker, Sir, we have a crisis. The process of appointing a new Auditor-General should take a minimum of 52 days from the time the vacancy is declared to the time the Public Service Commission does what it is supposed to do up to the point 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."
}