Gachagua faces 10 allegations before Senate
Governor appears before Senate today accused by Nyeri MCAs of failing to account for Sh352.9 million
Nyeri Governor Nderitu Gachagua faces 10 accusations as he appears before the Senate this morning.
The county assembly accuses him of gross violation of the constitution, the County Governments Act 2012, the Public Finance Management Act, 2012 and the Public Procurement and Disposal Act, 2005. The first allegation says he failed to account for or make proper disclosure of Sh352.9 million.
The motion, tabled in the assembly by Public Accounts Committee chairperson Baragu Mutahi, said according to the Annual Budget Implementation Status Report for 2015-16, Sh1.1 billion was spent on development. However, the projects’ expenditure in the same report amounts to Sh808.2 million, leaving Sh352.9 million unaccounted for.
“Secondly, according to the monthly Exchequer release report from the Office of the Controller of Budget dated July 11, the total Exchequer issues as at June 30 amounted to Sh5.6 million. This against what the county Treasury reported in the Annual Budget Implementation Status Report for 2015-16 – Sh4.8 million, resulting in an undisclosed Sh846.7 million,” reads the motion.
The second accusation is spending local revenue at source, contrary to Article 207 of the constitution and Section 109 of the Public Finance Management Act, 2012.
This is in the County Governments Budget Implementation Review Report (first quarter 2015/16 ) from the Office of the Controller of Budget. During the first quarter of 2015-16, the Controller of Budget authorised the withdrawal of Sh545 million into the operations account. The county spent Sh615.1 million, which is Sh70 million in excess of what the controller authorised.
The third accusation is irregular procurement. Mutahi said under Gachagua, the executive violated procurement procedures in awarding tenders. He said the process was therefore not fair, equitable, transparent, competitive and cost effective. Mutahi said the governor later formed a task force to regularise the irregular award of roads tenders.
“The process of procuring Karson House Building contravened the Public Procurement and Disposal Act, 2005. A task force identified the building without following the recommended procurement procedure,” he said.
The fourth accusation is lack of prudence in refurbishment of buildings for Sh81.3 million.
“Contrary to Article 201(d) of the constitution, which requires public money be used in a prudent and responsible way, the executive, [on] the governor’s watch, spent Sh29.1 million to renovate Karson’s House, a building partly rented by the county. A sum of Sh41.3 million was used to renovate the governor’s office,” Mutahi said.
He said the Sh10. 8 million spent on renovation and rent was sufficient to construct a modern office block for the county.
The fifth accusation is splitting tenders. Mutahi said contrary to Section 30 of the Public Procurement and Disposal Act, 2005, the executive, under the stewardship of the governor, split the tender for the refurbishment of Karsons Photo House into four – proposed refurbishment of first and second floors for Sh14 million; electrical installation for Sh6.5 million; plumbing, drainage and fire protection services for Sh2.3 million and telecommunications installation works for Sh6.1 million.
Mutahi said the tender for refurbishment of the governor’s office was split into five - refurbishment and alterations for Sh19.9 million; supply, installation, testing and commissioning of electrical installation for Sh8.1 million; plumbing, drainage and fire protection services for Sh4.5 million; air conditioning for Sh2.1 million and telecommunication installation for Sh6.4 million.
The assembly also accuses Gachagua of lack of prudence in spending public funds.
MOTION TO SEND GACHAGUA HOME TABLED BY PUBLIC ACCOUNTS COMMITTEE CHAIRMAN BARAGU MUTAHI
Senators Mutahi Kagwe (Nyeri), Kipchumba Murkomen (Elgeyo Marakwet) and Kithure Kindiki (Tharaka Nithi) after a special sitting to discuss Governor Nderitu Gachagua’s impeachment on September 6