Gach­agua faces 10 al­le­ga­tions be­fore Se­nate

Gov­er­nor ap­pears be­fore Se­nate to­day ac­cused by Ny­eri MCAs of fail­ing to ac­count for Sh352.9 mil­lion

The Star (Kenya) - - Front Page - WAMBUGU KANYI @TheS­tarKenya

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.



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

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