27 Mar 2025 in Senate:
assembly chamber, another one sits under a tree and says that it is assembly mashinani. The governor chooses to send his budget to the assembly that sits under a tree and not the assembly that sits in the assembly precincts. Mr. Deputy Speaker, Sir, this is madness and I think that Kenyans have been tolerant for too long. We now need to send out very strong messages and strong recommendations on this. Another wasteful means of spending public funds is what the accountants call negatory expenditure. As I said earlier, negatory expenditure is avoidable expenditure, penalties, interests and fines. The ...
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27 Mar 2025 in Senate:
Mr. Deputy Speaker, Sir, as I look at the other fiduciary risk, I will give examples of other counties. The other fiduciary risk identified by the PBO is pending bills. The total stock of pending bills as per the Auditor-General's report--- We have a problem because the Controller of Budget’s report does not agree with the Auditor-General's report. 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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27 Mar 2025 in Senate:
Sometimes, the county governments cannot tell you what the exact pending bill is because they have set up task forces, which review the work of previous task forces. Mr. Deputy Speaker, Sir, according to the reports of the Auditor-General, pending bills increased from Kshs163 billion in the prior year to Kshs179 billion in this financial year. Nairobi City County leads the pack with pending bills worth Kshs118 billion and Kiambu County follows with Kshs6.3 billion. Mombasa County has Kshs4.4 billion, Machakos County has Kshs4.1 billion and Bungoma County has Kshs3.5 billion. Yet, this House passed what we call the Ledama ...
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27 Mar 2025 in Senate:
County, 50 or 52 per cent. They are all abusing the requirements of the PFM. Can this House resolve that we stop transfer of funds for counties that cannot be fiscally responsible until they bring a recovery action plan as required under Article 225 and subsequent legislation? That is the decision of the House. We have made those recommendations. Could this House bring back the fiscal responsibility index in the formula for revenue allocation? We used to have a two per cent. Right now, only 11 counties are spending less than 35 per cent on wage bill. Why can we ...
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27 Mar 2025 in Senate:
Mr. Deputy Speaker, Sir, when it comes to revenue collection systems, governors have decided that they do not want to be dictated to by the national Government because they want to buy their own little revenue collection systems that have algorithms that deposit money into their accounts. This House must resolve that the Auditor-General should do a special systems audit on the revenue collection systems across the counties. It came to our realisation that even as we are looking for a single revenue collection system, the Ministry of Information Communication and Technology (ICT) has built a system which currently Nairobi ...
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27 Mar 2025 in Senate:
Turkana County had Kshs85 million of unsurrendered imprest, Samburu had Kshs39 million of unsurrendered imprest, Mombasa County had Kshs25 million and Kakamega County, where Sen. Bonnie comes from, had Kshs18 million lying in the hands of officers and not surrendered. The PFM Act makes imprest management clear on who bears responsibility and we have made those recommendations. Mr. Deputy Speaker, Sir, some governors have made local arrangements in counties. Many county governments do not have audit committees and it seems to be deliberate because they do not want anyone to ask them questions. I think it was Kirinyaga County that ...
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27 Mar 2025 in Senate:
though we adopted this report by consensus as a committee, we do agree that some of the recommendations could be generic. Some of them could be fairly timid in nature. In some cases, we are calling for administrative action where it is clear that perhaps there was theft. In other cases, we are calling for regularisation of processes where the process was illegal ab initio. Mr. Deputy Speaker, Sir, I would like to encourage Members to look at their individual county recommendations so that we can after this adoption, look and tie them up and ensure that they are enforceable. ...
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27 Mar 2025 in Senate:
have decided that they will file written responses. However, what the Constitution requires us to do by 31st of March is to debate, consider and take appropriate action. I am calling upon the House. As far as appropriate action is concerned, the right thing to do is to treat this as our interim recommendation, but the detailed analysis and detailed enquiries can still be pursued by the relevant committees with a view to following up on implementation as required by the Public Audit Act. That is our prayer to the House, I just want to finalise by thanking all the ...
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27 Mar 2025 in Senate:
Mr. Deputy Speaker, Sir in 2013, Chief Justice Mutunga delivered a ruling on the election petition, but delivered the judgement later. He delivered the ruling within the constitutional timeframes, but the detailed argument judgement came later. I think that is what Sen. (Dr.) Khalwale is trying to say, that if you got a constitutional timeline, we bring what--- In my view, the ruling was a fiduciary report. We have really tried to break our backs to even bring a judgement by analysing each county. It might not be very perfect. If it is a view of the House to allow ...
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27 Mar 2025 in Senate:
Mr. Deputy Speaker, Sir, I beg to reply and thank all the Senators who have contributed. As we approve Kshs52 billion in additional allocations to counties, we must demand for accountability for the Kshs87 billion that the Auditor-General has flagged. I would like to assure the House that if the Motion is adopted, we shall walk to the counties with the EACC, the Directorate of Criminal Investigations (DCI), and all the relevant agencies that are required to ensure that there is value for money and accountability. Mr. Deputy Speaker, Sir, pursuant to Standing Order 66(3), I rise to request that ...
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