{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=139136","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=139134","results":[{"id":1407761,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1407761/?format=json","text_counter":340,"type":"speech","speaker_name":"Sen. Cherarkey","speaker_title":"","speaker":{"id":13217,"legal_name":"Cherarkey K Samson","slug":"cherarkey-k-samson"},"content":"I thank you because there are people in Nandi, Nyandarua, and Meru counties, and across the country who are dead or taking diabetic and blood pressure medications because their mistake was to supply to county governments. People have sold property and forfeited loan payments. I know several businessmen and women who took Local Purchase Orders (LPOs) to the bank as collateral and ended up losing their houses, land and wealth. We must speak with one voice as a country. We cannot allow a section of Kenyans who sacrifice their resources to ensure continuity of service provisions in State departments and county governments to suffer. I am aware that in the past, we have tried to ensure that when money is released as per Article 219 of the Constitution, 2010, it is disbursed immediately. I will paraphrase what is happening at the moment. Under the law, the budgets are budgeted by the county governments and county assemblies. There is a procurement plan. This means that most of the county governments are violating the law. Since, before public participation, the Finance Bill and the procurement plan are processed and under the Public Finance and Management Act, they must be approved. When you visit the National Treasury, Meru, Nandi, Vihiga, Mombasa, Garissa, Marsabit, Siaya and Homa Bay counties, money has been disbursed. However, when you go to these counties, they have pending bills. For example, my governor called Members"},{"id":1407762,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1407762/?format=json","text_counter":341,"type":"speech","speaker_name":"Sen. Cherarkey","speaker_title":"","speaker":{"id":13217,"legal_name":"Cherarkey K Samson","slug":"cherarkey-k-samson"},"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."},{"id":1407763,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1407763/?format=json","text_counter":342,"type":"speech","speaker_name":"Sen. Cherarkey","speaker_title":"","speaker":{"id":13217,"legal_name":"Cherarkey K Samson","slug":"cherarkey-k-samson"},"content":"of the County Assembly (MCAs) to Kaimosi the other day. He told them that the county could not develop in this financial year because of pending bills amounting to Kshs850 million. However, when you look at this schedule, Nandi County had pending bills amounting to Kshs306,553,678 as of June last year. Governors are taking advantage. The reality on the ground, as they say, 'vitu kwa ground, ni tofauti,' it is Kshs305 million. What was the intention of the difference of Kshs850 million and Kshs305 million? This is a way to misappropriate the funds. The MCAs do not have a way of verifying. There is also a misnomer. I want to chant the charge in the Constitution Petition E003 of 2023 in Kitale High Court. Allow me to quote the High Court that ruled that governors do not have the power to form verification committees on pending bills. It is the exclusive domain of the office of the Auditor-General to verify the pending bills in this country. This matter was canvassed, heard, and determined by the Kitale High Court in Petition E003 of 2023. For instance, a governor may not like the face of the Senator for Vihiga County, Sen. Osotsi, and declare his pending bills ineligible. When they like your face, they declare the bill legible to be paid. I thank the Kitale High Court for this declaration. They deserve to be applauded. Governors would resume office, verify the pending bills, and declare some fake and others genuine so that they can 'eat, ' as John Githongo said in his book, 'It Is Our Turn toEat .' The user paraphrase that is common among the Mount Kenya people. I know you are conversant being a Njuri Ncheke. They say that even if your mother is old, she is still your mother. This is what the governors have been using to plunder, pilferage, larceny and corruption at the expense of our people. Mr. Deputy Speaker, Sir, I thank my professor who taught me civil litigation at Moi University at the FLB/2201, Professor Nixon Sifuna. He ruled the other day that if a county government or a State agency fails to pay you, for instance, Parliament, you attach its property. I would like to inform Kenyans suffering because of the county governments. If they see a vehicle for the county government of Meru and they have your debt, clump it, take it to the market, sell it, and recover the debt. This is the only language they will understand. In Nandi County, for example, if there is anybody who has supplied resources and used their money, should they spot the governor's car with the flag, stop, freeze, seize and sell it in an auction, do the recovery proceedings, and pay themselves. This is the reasoning behind Prof. Nixon's sifuna. I know that this wisdom is highly sought after. I am willing to provide the full citation of Prof. Nixon Sifuna's ruling to Members. This is why some of us questioned the opening and operationalization of Bunge Tower without paying for the certificate that had been raised. One day, we will wake up to find somebody with a bigger chain than what Sen. Okiya Omtatah used to chain himself at Milimani Law Courts at the doors of Bunge Tower. That is the reason Prof. Nixon Sifuna determined this matter because of the situation faced by our people. How can you explain that the Nairobi Metropolitan Services (NMS), which existed for two years, has a pending bill of Kshs14.5 billion?"},{"id":1407764,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1407764/?format=json","text_counter":343,"type":"speech","speaker_name":"Sen. Cherarkey","speaker_title":"","speaker":{"id":13217,"legal_name":"Cherarkey K Samson","slug":"cherarkey-k-samson"},"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."},{"id":1407765,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1407765/?format=json","text_counter":344,"type":"speech","speaker_name":"Sen. Cherarkey","speaker_title":"","speaker":{"id":13217,"legal_name":"Cherarkey K Samson","slug":"cherarkey-k-samson"},"content":"They had only devolved three or four functions. Yours truly, the current Cabinet Secretary of Interior and National Administration, our brother, Senate Majority Leader"},{"id":1407766,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1407766/?format=json","text_counter":345,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"emeritus"},{"id":1407767,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1407767/?format=json","text_counter":346,"type":"speech","speaker_name":"Sen. Cherarkey","speaker_title":"","speaker":{"id":13217,"legal_name":"Cherarkey K Samson","slug":"cherarkey-k-samson"},"content":"Sen. (Prof.) Kindiki, ruled from where you are sitting and declared NMS an illegal criminal enterprise. They owe this nation Kshs14.5 billion. It had only three functions. Where is the money and who ate it? This matter should be referred to the CPAC, so that we can follow up and ensure there is implication. In February, 2024, when there was verification of pending bills, the Crop Development Authority was leading with a pending bills of Kshs16 billion. It was followed by the National Youth Service (NYS) with a pending bill of Kshs14.5 billion. The sad reality is that Kenyans are owed Kshs550,000, Kshs20,000 and Kshs100,000 which shows these are ordinary people. Why is it that these people do not have conscience to pay pending bills to people whose amounts total up to Kshs5 million? You will see pending bill cases of Kshs50,000 and Kshs200,000. Why would a mother in Nkubu supplying goods to Meru County Government be owed Kshs50,000 for five years? I remember in Circular No.20 of 2019, the National Treasury wanted to stop disbursement to 15 county governments for non-payment of pending bills. What became of it? The National Treasury issued Circular No.7 of 21st June, 2023, to stop funds to specific counties. Pending bills should be the first charge. The law is clear. Who is violating it? This is why in Prof. Nixon Sifuna's ruling a person owed pending bills could attach the agency's property. When you look at Gazette Notice No. 297 on 14th January, 2005--- I was in Form Three at one of the greatest schools; Kapsabet Boys High School, the school of African sons and gentlemen piping wisdom. There was a Gazette Notice No.297 on the guidelines for payment of pending bills. We are killing our businessmen and women. Unless we want to auction this country into the road to Shanghai for people who can give us money through the Export-Import (EXIM) Bank and other organizations. Mr. Deputy Speaker, Sir, if they want the people to rise, it is by supporting them through the bottom-up economic model which the President is supporting. We must support those people who are younger. I can see my time is fast spent. On this Motion, I urge the governors, that they must ensure pending bills are paid to all Kenyans. Many Kenyans have sold their property and taken loans from the bank. I was talking with another gentleman and his house is almost being auctioned, simply because of non- payment. Their only mistake was to trust and supply the entity. Their only mistake was to ensure the entity functions because when somebody supplies water to this Chamber, we do not pay immediately. They have to wait for payment. They ensure that the Parliament and the county governments continue to function. My colleagues Senators, we need to rise to the occasion and stand with those ordinary Kenyans. I feel bad when I meet somebody in Nandi County who is being owed Kshs20,000, Kshs100,000 or Kshs500,000 for the last almost 10 years. This is cancerous and the shame that people want to destroy you with the aspect of devolution. Devolution must be widened and deepened. However, the only way to ensure the devolution flourishes is to ensure service provision is never hindered by paying pending bills. We"},{"id":1407768,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1407768/?format=json","text_counter":347,"type":"speech","speaker_name":"Sen. Cherarkey","speaker_title":"","speaker":{"id":13217,"legal_name":"Cherarkey K Samson","slug":"cherarkey-k-samson"},"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."},{"id":1407769,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1407769/?format=json","text_counter":348,"type":"speech","speaker_name":"Sen. Cherarkey","speaker_title":"","speaker":{"id":13217,"legal_name":"Cherarkey K Samson","slug":"cherarkey-k-samson"},"content":"also ask counties to raise their own source revenue. For instance, Nandi has the potential of raising Kshs630 million from own source revenue. Therefore, even as we go into the future, we must agree as a nation that payment of pending bills should be a priority in all aspects. Mr. Deputy Speaker, Sir, even as the country goes through many challenges, this must be settled. During COVID-19 pandemic, we purchased most of the supplies out of what we call emergency or direct sourcing. With the current issue of floods, there will be many needs. The county government and the national Government will be required to supply services and goods, for instance, food and supplies, among others, to Kenyans who are suffering. While we empathise and send our condolences to many Kenyans who are suffering because of floods, we must ensure that service providers are also paid. Many service provisions are needed at the moment even as the planting season is ongoing. Finally, let the people stick to procurement plans. Let counties not budget without the allocation of resources. How can you budget to buy water in this Chamber, for instance, when you do not have a budgetary allocation and that is what arises? As a Member of the CPAC, I hope this matter shall be referred to us so that we can interrogate this because this is a life issue. This matter is dear to many Kenyans. Many Kenyans are on drugs for various ailments, for instance, blood pressure and diabetes. Some have even passed on because of the challenges of being owed by county governments and state departments. There was another entity that claimed they are owed Kshs650 billion. I know there is the national public debt. However, we must agree going in the future; we must have an ultimate responsibility. I am praying for a day that a governor will be brought here to be prosecuted because of non-payment of pending bills. In my county, there is a creamery that has a stalled project worth almost Kshs1 billion and pending bills has not been paid. Mr. Deputy Speaker, Sir, because of a fraction of expiry of my time, I beg to rest, support and bring amendments, if need be. I thank you."},{"id":1407770,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1407770/?format=json","text_counter":349,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"(Interruption of debate on Motion)"}]}