23 Oct 2019 in Senate:
Mr. Deputy Speaker, Sir, as I conclude, I would like to state that we need to help counties. We have defined our space as the Senate. We are clear on our minds on subjudice and on the role of courts in the injunction of proceedings in the Senate. However, we have not provided similar guidance to the county assemblies. Our county assemblies have received court injunctions at every turn. In the case of Gov. Samboja, the issue was probably not an injunction on the Senate. The order sought to injunct the county assembly. The orders sought to stop the county ...
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22 Oct 2019 in Senate:
Thank you, Mr. Deputy Speaker Sir. I beg to move the Motion- THAT
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22 Oct 2019 in Senate:
There are 20, Mr. Deputy Speaker, Sir.
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22 Oct 2019 in Senate:
Thank you, Mr. Deputy Speaker, Sir. Allow me to go to the substance of the Motion or the report that is before the House today. Mr. Deputy Speaker, Sir, the report has combined 20 counties, as you have rightly stated. For the first time, we are getting a report for the FY2014/2015; we have been on FY2013/2014. This House has rightly pronounced itself saying that is such a historic duration that might not make a lot of sense to this House. At least we have moved one year ahead. Mr. Deputy Speaker, Sir, in the FY2014/2015 that we are considering, ...
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22 Oct 2019 in Senate:
of them have left office without this matter being settled. We are setting the stage for one of the biggest cons that this country has ever seen; this issue of pending bills. In that report on those pending bills which was disputed by most governors, the Auditor-General said that out of Kshs108 billion presented, Kshs57 billion was fake. He called it ‘ineligible’ and used other English terms that sugar coated the issue. Our view is that if the Auditor-General says,“Do not pay Kshs57 billion,” then it could only be an attempt to fleece the public by putting in place fictitious ...
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22 Oct 2019 in Senate:
This is because the Intergovernmental Relations Act makes it clear that the CoG is an institution that shall be funded from the Consolidated Fund, and not from the County Revenue Fund. If you go across those 20 counties, you will find that in cases where a county made nugatory payments to the CoG, we have recommended – not just the CEC Finance, but also the governor, as the Chief Executive Officer – to be held responsible for those payments. Mr. Deputy Speaker, Sir, the other risk that you will find across all those counties is the issue of identification of ...
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22 Oct 2019 in Senate:
Mr. Deputy Speaker, Sir, the risk now is that those people who have been in offices, running our counties for the last seven years, are slowly appropriating some of those properties to themselves. This process was not just about the identification of assets rather, it was identification of both assets and liabilities. We now have crooks who are coming up with fake liabilities, saying that they were owed by the defunct local authorities and someone will pay for them. Mr. Deputy Speaker, Sir, I would wish that this Senate, probably, through the Committee on Devolution and Intergovernmental Relations, because it ...
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22 Oct 2019 in Senate:
This is where we sometimes disagree with the Office of the Auditor General. When you go to Makueni County, for example, you will get unqualified opinion, but the Auditor General does not reflect that Makueni has not concluded that process of identification of assets and liabilities. When we ask why that issue has not appeared in the Audit Report, the Executive of Makueni feels like we are being too hard on them. These are crosscutting issues, and no governor should do anything or pay any money to ensure that these issues do not appear in their audit reports.
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22 Oct 2019 in Senate:
Another issue that you will find in all the 20 counties that are before us is the allocations to county assemblies. This House, apart from holding governors and County Executive Committee Members (CECs) individual liable, must address itself soberly on the allocations to county assemblies and county government entities.
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22 Oct 2019 in Senate:
Mr. Deputy Speaker, Sir, in the Public Finance Management (PFM) Regulations, we had put a cap of 7 per cent of county revenue to be allocated to a county assembly. We then introduced ceilings in the County Allocation of Revenue Act. The net effect of the ceilings is that county assemblies are getting an average of 10 to 12 per cent of county revenues, yet here we are demanding that county governments spend at least 30 per cent on development. The real situation is that 10 per cent of county revenue goes to the county assemblies, where there is no ...
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