17 May 2021 in Senate:
Mr. Speaker, Sir, as a Committee, we were not able to trace any nexus between the procurement of services that took place in the County Government of Wajir and the Governor. Therefore, we found that this allegation was not proved.
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17 May 2021 in Senate:
Mr. Speaker, Sir, another issue that featured is a situation where authority is sought from the Controller of Budget (CoB) to pay particular pending bills of listed companies on letters that are addressed to the CoB. Consent is sought before the county can make payments. The allegation here was that there is alleged corruption taking place in the County Government of Wajir. This is because once the approval of the CoB is given some companies get substituted with the ones that were not appearing on the list that was approved for payment by the CoB.
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17 May 2021 in Senate:
Mr. Speaker, Sir, though we found as a fact that this maybe wrong, we were not able to find any specific provision of the law that was violated. In fact, we took judicial notice of the fact that this is a common occurrence in all Government offices. This is because at times payments can change depending on the urgency of the matter at hand or change of priority.
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17 May 2021 in Senate:
The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.
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17 May 2021 in Senate:
We did make a recommendation that this matter should be addressed either by amending the Public Finance Management (PFM) Act or through a Bill that is pending before the National Assembly; The County Prompt Payments Bill. As of now, we did not find any law that was clearly violated. We made that observation and recommendation to the House.
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17 May 2021 in Senate:
Mr. Speaker, Sir, turning back to Allegation 15, on Count One; Violation of Article 43 (1) on the right to access health services, this was a fairy emotive matter that was debated for almost two days. First, we went through other past impeachments before this House. We made an observation that in a number of those impeachments, there are a number of governors who have been brought before the Senate on allegations of violation of that Section of the Constitution. Though there has been a finding, it has not led to impeachment.
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17 May 2021 in Senate:
Mr. Speaker, Sir, we cited the case of the Governor of Kirinyaga County who had the health system ground to a halt. We realized that this is a common problem affecting all the counties. We were trying to balance between the right that is guaranteed to Kenyans, that is, to access quality health services and also balancing that we should not reduce the threshold of impeaching governor too low. This is because it should be slightly above the balance of probability, but also slightly below beyond reasonable doubt. We felt that the Committee should tread with caution on this particular ...
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17 May 2021 in Senate:
Mr. Speaker, Sir, there were two issues that were cited by the Members of County Assembly (MCA) in proof of this charge. The first one is that an ambulance that was owned by the County of Wajir broke down and instead of the Governor availing enough petrol so that it is able to render services to the citizens of Wajir, citizens were called upon to fuel this ambulance. There was an allegation that they even bought tyres for that ambulance.
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17 May 2021 in Senate:
I would not want lawyers to take me to task on this allegation. We took the words of the MCAs. We were not able to get clear particulars on this allegation. However, the Committee took the view that health is very important and that there should be more demand of accountability from His Excellency the Governor.
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17 May 2021 in Senate:
In response to this, His Excellency the Governor put a very spirited defense before the Senate. The executive submitted to the Committee that they had made great strides on the improvement of the health status of the County of Wajir. They said that in total, they had 14 ambulances. They also told the Committee that Wajir is a vast county. Therefore, incidences of breakdown of ambulances is anticipated. In support of the allegation that the health situation is not that bad, they had employed 50 qualified doctors, of which 25 have been sent abroad for further studies. They have been ...
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