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"id": 1552562,
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"type": "speech",
"speaker_name": "Sen. Cherarkey",
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"id": 13217,
"legal_name": "Cherarkey K Samson",
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"content": "Governor of Nairobi wants to pay Kshs1.3 billion in legal fees. What are the priorities in this City? We even have the Auditor-General raising questions on what we call “ Dishi na"
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"speaker": null,
"content": "County"
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"id": 1552564,
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"text_counter": 541,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
"speaker_title": "",
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"legal_name": "Cherarkey K Samson",
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"content": ",” by asking who is on the menu. We must be very careful in this country. I wish Sen. Sifuna was in the House. He was arguing that Kshs1.3 billion should not be paid to Donald Kipkorir law firm for defending on two matters, I think against the land involving the military and all these other matters. I would not be surprised if Nairobi City County pays Kshs1.3 billion, but they cannot fix the poor drainage system, especially during this rainy season under the poor development record of Governor Sakaja. Let me go quickly to the recommendations. On capacity building, I do not see this recommendation being necessary. I wish the Chairperson of the Committee on Justice, Legal Affairs and Human Rights was here. Why would you want to build the capacity of an advocate who went to undergraduate for four years, two years to Kenya School of Law (KSL) and for pupillage? Madam Temporary Speaker, I am embarrassed with recommendation number three, which says- “County governments are advised to seek representation from external legal firms, occasionally when handling complex or specialized legal services. In this case, the county government should procure external legal services through the office of the county attorney, and the cost should be in line with the relevant laws and regulations, maybe through the Advocates Remuneration Order.” I am embarrassed why an advocate such as you and I, who have gone to Kenya School of Law, have done Bachelors of Law from the great school called Moi University, have an LLM and done pupillage should outsource services. Why would you say the county attorney, who is a county attorney in Vihiga County, for example, should outsource some law firm in Luanda or Kisumu? As an advocate of the High Court, I felt embarrassed by this recommendation because it shows we are hiring the lower cream of legal minds. The county attorneys of this country should protest this recommendation. Why would you want to hire somebody to do specialized cases? Which is that specialized and complex case that an advocate of the High Court cannot capture? There was a suit in Kitale against Governor Natembeya’s pending bills committee. I have seen the Committee is not aware that the court’s decision was that the verification of pending bills is an exclusive mandate of the Office of the Auditor-General, Nancy Gathungu. I hope Sen. Orwoba and Sen. Otsosi, the Deputy Party Leader, are listening. Madam Temporary Speaker, are you getting that pregnant and heavy point that I am making? I was even shocked that the Cabinet Secretary for Health, Hon. Aden Bare Duale, went ahead and gazetted pending bills verification committee against NHIF claims and pending bills. That is illegal. That is the work of the Attorney-General. I wish the Cabinet Secretary for Health, Hon. Aden Duale, could have requested the office of Nancy Gathungu to do forensic audit, because the courts have ruled that the verification of pending bills is an exclusive mandate of the office of the Auditor-General. Therefore, I hope the Cabinet Secretary for Health should also look at the Constitution and make a request. The law allows them to request Nancy Gathungu to do what we call forensic IT 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."
},
{
"id": 1552565,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1552565/?format=api",
"text_counter": 542,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
"speaker_title": "",
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"content": "audit and regular audits that are being done. Therefore, recommendation number five falls flat on its face. Madam Temporary Speaker, there is a recommendation that says the Salaries and Remuneration Commission (SRC)--- Our Advocates Remuneration Order sets our engagement on how we charge our clients, but the committee is recommending that SRC should guide. The SRC have failed the Members of County Assemblies (MCAs). When we invited SRC to be here, they failed to give us a way out on how to handle welfare and issues of MCAs. How can you invite SRC when the Advocates Remuneration Order has already been given? Finally, on this issue of fees regulation, you cannot regulate fees unless you amend the Advocates Remuneration Order. All said and done, I appeal to governors and ask all Members here, including the Nairobi delegation that has just walked in, to tackle the issue of pending bills. Yesterday, I listened to the submission of ODM Deputy Party Leader, Sen. Osotsi, saying that “this is a software where governors are using to eat money”. If you read the book by John Githongo, “ It's Our Turn to Eat: The Story of a"
},
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"speaker_title": "",
"speaker": null,
"content": "Kenyan Whistle Blower"
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"id": 1552567,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1552567/?format=api",
"text_counter": 544,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
"speaker_title": "",
"speaker": {
"id": 13217,
"legal_name": "Cherarkey K Samson",
"slug": "cherarkey-k-samson"
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"content": ",” you will see how corruption is being described in that book. It shows you that corruption has a web. Governors have realised that the only way is to look for a law firm in town, sit and agree using the Advocates Remuneration Order, come then pay that law firm. Madam Temporary Speaker, we did not fight for resources to go to mashinani for governors to go and hire law firms. Since my time is spent, I request to oppose this Motion with those very many remarks. I thank you for the indulgence."
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"speaker_name": "Sen. Veronica Maina",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Thank you, Senator for Nandi County, Sen. Cherarkey. Sen. Gloria Magoma Orwoba, proceed."
},
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"id": 1552569,
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"text_counter": 546,
"type": "speech",
"speaker_name": "Sen. Orwoba",
"speaker_title": "",
"speaker": null,
"content": "Thank you, Madam Temporary Speaker, for giving me this opportunity to add my views on this particular Petition. I am trying to get the name of the Petitioner, because I was so deep into the--- I would like to commend Mr. Laban Omusundi for this, because there is an assumption that as an active Kenyan, you cannot do anything when you see things going wrong. That assumption has forced many of our young, active Kenyans to end up just showcasing their dissatisfaction in Government services and all these other things that are happening online. Many a times when I engage with these young people, I ask them if they know that they can bring a petition to the Floor of the House. I ask them if they know they can actually engage the National Assembly and the Senate on matters that they think should be changed. That is why I commend Mr. Laban, because he has taken the extra step of taking action and bringing something substantial in form of a petition for us to go through as legislators and the JLAC Committee. Madam Temporary Speaker, I was a bit disappointed that a petition or a matter that involves lawyers and a specific industry was actually sent to a Committee that has conflict of interest. I know that you also sit in that Committee. I say that because it is like 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": 1552570,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1552570/?format=api",
"text_counter": 547,
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"speaker_name": "Sen. Orwoba",
"speaker_title": "",
"speaker": null,
"content": "expecting a chicken to get justice in a court of maize. It cannot work because at the end of the day, there is a lot of conflict. If I am not mistaken, only two Members of the JLAC Committee are not lawyers. I do not know if Sen. Karen Nyamu is in that committee."
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"speaker": null,
"content": "(An hon. Senator spoke off record)"
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