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"speaker": null,
"content": "MOTION"
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"content": "STATUS OF PENDING BILLS IN COUNTIES"
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"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399623/?format=api",
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"speaker_name": "Sen. Olekina",
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"content": "Thank you, Mr. Temporary Speaker, Sir. I beg to move the following Motion- AWARE THAT, as of 31st December, 2023, according to the County Government’s Budget Implementation Review Report for the first half of the financial year 2023/2024, County Governments had accumulated a total of Kshs156.34 billion in pending bills, with Nairobi County accumulating the largest share of Kshs107, 037,053,000 followed by Kiambu and Mombasa Counties at Kshs5,711,614,412 and Kshs3,922,131,877 respectively; CONCERNED THAT, the accumulated pending bills in counties have significantly affected service providers in the counties leading to closure of businesses, stalling of county projects, adversely affecting economic growth in counties, service delivery and ultimately, slowing down the country’s economic growth; FURTHER CONCERNED that most of the service providers in the counties are battling court cases lodged against them by their financiers and suppliers while others are languishing in poverty exacerbated by the increased cost of living, with increased mental health disease incidences and others dying as a result of the effects of colossal amounts of debt owed to them by county governments; NOW THEREFORE, the Senate-"
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{
"id": 1399624,
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"text_counter": 328,
"type": "speech",
"speaker_name": "Sen. Olekina",
"speaker_title": "",
"speaker": {
"id": 407,
"legal_name": "Ledama Olekina",
"slug": "ledama-olekina"
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"content": "The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
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{
"id": 1399625,
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"text_counter": 329,
"type": "speech",
"speaker_name": "Sen. Olekina",
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"speaker": {
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"legal_name": "Ledama Olekina",
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"content": "(1) recommends that all County Governments pay verified pending bills amounting to less than Kshs1 billion by the end of this financial year and those above Kshs1 billion by the end of the financial year 2024/2025; and, (2) resolves that- (i) pursuant to the provisions of Regulation 41(2) & (3) of the Public Finance Management (County Governments) Regulations, 2015, County Governments prioritize payment of pending bills as a first charge on the County Revenue Fund failure to which the subsequent quotas budget releases will not be done; (ii) county Governments shall only pay pending Bills contained in their respective procurement plans pursuant to Regulation 50 (2) and (3) of the Public Finance Management (County Governments) Regulations; (iii) supplementary budgets for county governments are prepared in the third quarter to curb instances of arbitrary re-allocations out of the approved budget estimates; and, (iv) county governments shall conduct public participation while formulating supplementary budgets, failure to which the Controller of Budget (CoB) shall not approve the supplementary budgets. Mr. Temporary Speaker, Sir, today, one lawyer in Kenya instructed auctioneers to go and attach Nairobi City County vehicles. This is after a ruling by Justice Sifuna, which essentially removed the privilege that governments enjoyed in the Civil Procedures Rule 16 and 131. This essentially meant that if you are owed money by a county government, the only way that you can get your money is simply when you bribe. In most cases, if you attempted to follow the due process of the law, the only time you can get some redress is if you go to court three times. The first time you go, you will get a decree; orders of mandamus . After that, you will now pursue that officer and enforce to have him arrested for contempt of court for you to get your money. Even after, you do not get the money. Mr. Temporary Speaker, Sir, earlier on, before coming to move this, I circulated a list of how much each county owes suppliers. Machakos County, which is number four in the list, owes about Kshs3 billion. In fact, the actual figure is Kshs3,031,332,471. Mandera County owes another Kshs3 billion. Busia County, owes about Kshs2.2 billion. Embu County owes kshs1.9 billion. Laikipia County owes Kshs1.7 billion. Wajir County owes Kshs1.6 billion. In fact, the Senator for Wajir said they owe more. However, these are the verified figures as at 30th December. Kisumu County owes Kshs1.6 billion; Tana River County owes Kshs1.6 billion; Nakuru County owes Kshs1.4 billion; Kakamega County owes 1.4 billion; my beloved County of Narok owes suppliers and contractors Kshs1.4 billion, yet it is the county that generates more own source revenue. I bet that money is now used to create kingpins and all manner of things, instead of paying bills. Turkana County, one of the counties we allocate most of the money owes suppliers, contractors and people who are now battling with mental illness and some have died. They owe them about Kshs1.4 billion. Kajiado County, my neighbouring county,"
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"id": 1399626,
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"text_counter": 330,
"type": "speech",
"speaker_name": "Sen. Olekina",
"speaker_title": "",
"speaker": {
"id": 407,
"legal_name": "Ledama Olekina",
"slug": "ledama-olekina"
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"content": "The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
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"id": 1399627,
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"text_counter": 331,
"type": "speech",
"speaker_name": "Sen. Olekina",
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"speaker": {
"id": 407,
"legal_name": "Ledama Olekina",
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"content": "where I got my wife from, owes Kshs1.3 billion. Kilifi County owes Kshs1.3 billion; Kisii owes Kshs1.2 billion; Vihiga County owes Kshs1.1 billion; Bungoma County owes Kshs1.1 billion; Trans-Nzoia County owes Kshs 1 billion; Migori County owes Kshs1 billion shillings; Homa Bay County owes Kshs921 million and Taita-Taveta owes Kshs791 million. Murang’a County, where my good friend comes from - who wants to pass a law on public holidays and I hope during the public holidays---"
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"text_counter": 332,
"type": "scene",
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"speaker_title": "",
"speaker": null,
"content": "(A Senator spoke off record)"
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{
"id": 1399629,
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"text_counter": 333,
"type": "speech",
"speaker_name": "Sen. Olekina",
"speaker_title": "",
"speaker": {
"id": 407,
"legal_name": "Ledama Olekina",
"slug": "ledama-olekina"
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"content": "Kiambu? Sorry, that is Kiambu County. I will read it, but let me go back. Murang’a County owes Kshs700 million, Garissa owes Kshs663 million and Kiambu was second at Kshs5.7 billion. Garissa County owes Kshs663 million, Meru County owes Kshs648 million, Kirinyaga County owes Kshs636 million, Bomet County owes Kshs512 million, Siaya County owes Kshs485 million and Kericho County, where the Majority Leader comes, from owes Kshs465 million. Samburu County, a County that gets very little allocation, owes Kshs412 million. Kitui County owes Kshs400 million, Tharaka Nithi owes Kshs353 million, Marsabit County owes Kshs340 million, Nandi County owes Kshs306 million, Nyamira County owes Kshs255 million, Nyandarua County owes Kshs233 million and West Pokot owes Kshs225 million. Makueni County owes Kshs184 million, Kwale County owes Kshs173 million, Lamu County, another County that gets very little allocation and I hope that during the next revenue formula, we can assist them, owes Kshs173 million. Nyeri County owes Kshs69 million, Uasin Gishu County owes Kshs41 million, Baringo County - it is interesting - owes Kshs4 million and Elgeyo-Marakwet owes Kshs2.8 million. Mr. Temporary Speaker, Sir, one of the reasons I would like each one of us today to come here and participate in contributing to this Motion, is that if we do not compel county governments to pay their pending bills by the end of this Financial Year, we will create a monster that we will never resolve. Unscrupulous governors will clap hands when businessmen rush to court, now that most provisions of that Act of Parliament have been declared unconstitutional, in order to attach properties owned by county governments. Very soon, Mr. Temporary Speaker, Sir, you will see the Kenya International Convention Centre (KICC) being sold or attached. You will see buildings of national heritage being attached by people to sell them. In this House, we have lawyers who have already gone to court. They have received mandamus orders, but what this law or the declaration of that Section of that Act of Civil Procedures as unconstitutional will do to this country, is something that we will not comprehend. Mr. Temporary Speaker, Sir, when you create an avenue for people to only get their payments when you corrupt a system, even if we pass and I hope we do pass the previous legislation we are discussing here, corruption will still prevail. This is very dangerous and we are treading on dangerous paths and dealing with things we cannot control."
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"content": "The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
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