15 Aug 2014 in Senate:
Yes; thank you for that, Mr. Speaker, Sir. But I want- --
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15 Aug 2014 in Senate:
Mr. Speaker, Sir, for those who have doubt, this process that we have carried out is under the Constitution at Article 181. In particular, Article 181 (2) where the Constitution of Kenya required that Parliament shall pass legislation in order to give effect to Article 181 which is the exercise we have carried out. I want to refer this House to Section 33 and in particular Section 33(4) of the County Governments Act which states, and I repeat on record:- “A special committee appointed under subsection 3(b) shall:- (a) Investigate the matter and; (b) Report to the Senate within ten ...
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15 Aug 2014 in Senate:
Mr. Speaker, Sir, for those who have doubt, this process that we have carried out is under the Constitution at Article 181. In particular, Article 181 (2) where the Constitution of Kenya required that Parliament shall pass legislation in order to give effect to Article 181 which is the exercise we have carried out. I want to refer this House to Section 33 and in particular Section 33(4) of the County Governments Act which states, and I repeat on record:- “A special committee appointed under subsection 3(b) shall:- (a) Investigate the matter and; (b) Report to the Senate within ten ...
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7 Aug 2014 in Senate:
.: On a point of order, Mr. Speaker, Sir. I want to thank you for communicating to the public that whatever they are reading out there about county boards is completely false in terms of the law. I want to confirm that the county boards comply with the law and that at no time, whatsoever, did this Senate pass any Bill that was signed into law insisting that we want to control funds. In addition, it is fair that I saw that unlike what the nay-sayers are talking about, the National Assembly passed the CDF Act and sections 36 and ...
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7 Aug 2014 in Senate:
Thank you, Mr. Speaker, Sir. First and foremost, I would like to thank the Committee on Finance, Commerce and Budget. I must say that they have done a good job on the Division of Revenue Bill, the County Revenue Allocation Bill and now on the Cash Disbursement Report. Mr. Speaker, Sir, if there was any notion that the Senate of the Republic of Kenya intended to allocate itself funds, this schedule proves otherwise. In fact, this Senate is approving the disbursement of cash schedules monthly including the Conditional Allocation of Kshs733 million and the Level 5 Hospital funding to counties. ...
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7 Aug 2014 in Senate:
.: Mr. Speaker, Sir, I want to support this Motion by bringing to the attention of the Senate something that we may have overlooked which is critical. My reading of the Inter-Governmental Relations Act Section 20 on the functions of the Council of County Governors does not give them a mandate to be a trade union for purposes of financial mismanagement. I would dare say that as far as financial mismanagement is concerned, every governor has a personal responsibility. I, therefore, urge this Senate and the Committee chaired by Sen. (Dr.) Khalwale to ignore all the statements made by the ...
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7 Aug 2014 in Senate:
Mr. Chairperson, Sir, in fact, let me bring out something else that informed our debate. Under part 2 of the Fourth Schedule, paragraph The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
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6 Aug 2014 in Senate:
.: Mr. Temporary Chairperson, Sir, this is yet another Member of the Committee on Legal Affairs and Human Rights. I want to confirm that the public is in tandem with the proposed amendment save that we need to reconsider sub clause 3 in terms of when views of members of the public should be obtained. This one suggests that it should be before passing of a resolution. Let me say that as a Member of the Legal Affairs and Human Rights Committee, I want to confirm that this amendment complies with Article 14 of the Constitution where we have given ...
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6 Aug 2014 in Senate:
.: Thank you, Mr. Temporary Chairperson, Sir, for coming to my rescue. That is what I was talking about. It is possible that we may have to consider the collection of public views under sub clause 3 so that we make this an independent public participation. Before the county assembly passes a resolution, they shall conduct a public hearing under the necessary provisions of the County Governments Act.
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6 Aug 2014 in Senate:
Mr. Temporary Chairperson, Sir, I just want to echo the sentiments of my Chairperson and Sen. Wetangula that, in fact, what we have done is to follow Article 196(2)(b) word for word. I also want to add that the words “public participation” appearing in the County Governments Act, we are preparing legislation on that so that, then, we have the law and phraseology in tandem with one another so that we satisfy Sen. G.G. Kariuki. Thank you, Mr. Temporary Chairperson, Sir.
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