27 Jun 2012 in National Assembly:
Madam Temporary Deputy Chairlady, again, this is really a clean-up.
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27 Jun 2012 in National Assembly:
Madam Temporary Deputy Chairlady, it is really cleaning up because what we are saying is that instead of authorizing the Cabinet Secretary to intervene in a county affair every time there is a crisis, he only intervenes when there is a breach of financial regulations. So, we are restricting the events that enable the Cabinet Secretary to intervene.
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27 Jun 2012 in National Assembly:
Madam Temporary Deputy Chairlady, I beg to move:- THAT, clause 96 be amended—
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27 Jun 2012 in National Assembly:
(a) in subclause (1), by— (i) deleting the words “with prior approval of the Cabinet”; (ii) inserting the words “in accordance with Article 225 of the Constitution”; (b) in subclause (3)(b), by deleting word “require” and substituting therefor the word “request” to read as follows:- 96 (3) (b) “request the Auditor General to-“;
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27 Jun 2012 in National Assembly:
(c) in subclause (3) (b) (i) by— (i) deleting the word “crisis” and substituting therefor the word “breach”; (ii) deleting the words “in the financial affairs of the county government entity;” to read as follows:- 96 (3) (b) (i)“determine the reasons for the breach
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27 Jun 2012 in National Assembly:
Madam Temporary Deputy Chair, I beg to move:- THAT, clause 97 be amended
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27 Jun 2012 in National Assembly:
Madam Temporary Deputy Chair, let me explain; maybe it will be very clear. What we are saying is, after the Cabinet Secretary has stopped funding, within seven days he must seek parliamentary approval. Within 14 days the Controller of Budget must conduct an investigation and then forward it to Parliament. So you can see already there is seven days plus 14 days which is 21 days. Parliament is, therefore, given only seven days in effect, if you look at the sequence of events.
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27 Jun 2012 in National Assembly:
Madam Temporary Deputy Chairlady, the feeling of both Committees and even the Treasury was that stoppage of funds is really a measure of last resort. If it is done then it needs to be rectified as quickly as possible. Once you stop funds you have actually brought the operations of the county to a standstill. That is why there was need now to make sure that within one month this is done, so that employees do not suffer. It is something that we hope will not happen but if it happens then Parliament may need to be recalled.
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27 Jun 2012 in National Assembly:
Madam Temporary Deputy Chairlady, I think that is enough, but my attention is focused on Article 225 of the Constitution, which talks of 30 days. It has just been brought to my attention again that in the same Clause 97(c) we are saying that pursuant to Article 226(5) of the Constitution, the holder of a public office, including a political office, adjudged guilty of a material breach that results in the stoppage of fund shall be held accountable and shall make good the loss, whether the person remains the holder of the office or not and be barred from holding ...
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27 Jun 2012 in National Assembly:
Madam Temporary Chairlady, I am proposing Clause 97(c) be deleted. It is on page 3840 and the Committee had agreed that, that additional clause be deleted.
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