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{
    "id": 968066,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/968066/?format=api",
    "text_counter": 95,
    "type": "speech",
    "speaker_name": "Sen. (Eng.) Mahamud",
    "speaker_title": "",
    "speaker": {
        "id": 373,
        "legal_name": "Mohammed Maalim Mahamud",
        "slug": "mohammed-mahamud"
    },
    "content": "(f) The PFM Act 2012 be amended to ensure payments are made on time by introducing a prompt pay system, where if a valid invoice is not paid within a certain time, it automatically attracts interest. Of course, the Committee will be glad to initiate these recommendations we have made on amendments. Mr. Speaker, Sir, it is imperative to note that Article 221(5)(b) of the Constitution provides that the decision to stop the transfer of funds may be enforced immediately, but will lapse retrospectively unless, within thirty days after the date of the decision, Parliament approves it by resolution passed by both Houses. As I have noted earlier, the decision of the CS for the national Treasury to stop the transfer of funds was to take effect on 1st December, 2019. The Senate is now taking a vote on 4th December, 2019. By law, the decision of the CS is in effect. However, without preempting the proceedings of this House, it is important to remember that if this House agrees with the Committee and does not approve the decision of the CS. The disapproval will cause the decision of the CS to lapse retrospectively. Consequently, the CS will be under duty to transfer funds due to counties in accordance with the respective Act and the cash disbursement schedule forthwith. Mr. Speaker, Sir, we have looked at this matter because what the CS has done is actually a good trigger to force county governments to take their obligations seriously. We have seen progress made after that action. We have been shown copies of supplementary appropriation bills which have been initiated by some counties. I think, by and large, they have made some progress. We would like to monitor this situation so that by March, we have a report both from the national Treasury, the CoB and the counties to see what they have done. Additionally, we have recommended that counties must work together, both at the assembly level and at the executive level, to deal with the issue of pending bills so that they can be verified and appropriately put in the budget. This is because if there is no harmony between the assembly and the executive, budgeting will be difficult. Therefore, the matter of pending bills is serious, but for the time being from what we have done, we think that it is not right to stop the funds to the counties, because substantial progress has been made. We thank the CS for initiating the process; but for now, we disallow the request to approve the stoppage. With those many remarks, Mr. Speaker, Sir, I beg to move and request Sen. Wetangula to second."
}