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"speaker_name": "Sen. (Eng.) Mahamud",
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"legal_name": "Mohammed Maalim Mahamud",
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"content": "The communication from county governments were requesting for exemption from the set guidelines concerning various projects. I mentioned the counties that have already written to us, that is, West Pokot, Mandera, Kwale, Meru, Marsabit and others. The Committee considered the matter raised between the Ministry of Transport, Infrastructure Housing, Urban Development and Public Works, CRA and also counties. The Committee notes as follows because we are being asked to do exemptions or waiver on recommendation or guidelines given by this Senate in 2019. Whereas counties might have started the projects before that or whereas the contract figures could be above that, the Senate passes a resolution on infrastructure projects in the counties, in which guidelines were set in the spirit of public funds for this purpose. That the guidelines set in the resolution of the House put into account the need for county governments to develop infrastructure to facilitate the discharge of their functions, while at the same time ensuring prudent use of public resources. In setting out the guidelines on expenditure on infrastructural projects in counties, the House was not making a mere perfunctory statement on funds used for infrastructural projects, but carrying out its constitutional duty as the body that oversights the prudent use of resources by counties. That the Committee has noted certain counties commenced their infrastructure projects before the resolution on the guidelines was made by the Senate. While the Senate cannot vary or otherwise affect the rights of contracts to which this is not a party to, the resolution will, however, act as a guide for oversight in future, including the Senate, to determine whether prudent use of public funds was exercised. The Committee wishes to bring your attention to Article 201(d) of the Constitution, requiring county governments to ensure prudent and reasonable use of public funds. Mr. Deputy Speaker, Sir, the resolution was setting out guidelines on the scope and estimated cost, which were arrived at after consultation with the Ministry of Transport, Infrastructure Housing, Urban Development and Public Works for county governments infrastructural projects, with a view to ensuring that there is harmony and uniformity in the provision of these projects. It is important to note that under Article 174 of the Constitution, one of the objects of devolution is to promote democratic and accountable exercise of power. This includes prudent management of all resources that have been entrusted to the devolved county governments."
}