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{
"id": 1568492,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1568492/?format=api",
"text_counter": 346,
"type": "speech",
"speaker_name": "Bumula, DAP-K",
"speaker_title": "Hon. Wanami Wamboka",
"speaker": null,
"content": "On poor accounting standards and general incapacity of some accounting officers, the Committee found out that due to previous lack of exposure to the audit process culminating into parliamentary review, some accounting officers were ignorant or non-compliant with the various provisions of the Public Finance Management Act, 2013, and the Public Audit Act, 2015. Audit queries spanning far back as 2019 remained un-responded to by some agencies that were only jolted to action when they were invited to appear before the Committee. Most severe was the Mathioya Technical Vocational College which relied on a trainer as its volunteer accountant invariably resulting in unintended audit queries. We must thank the wisdom of the leadership of this House that saw the need to split the giant Public Investment Committee into three different Public Investment Committees. Most of these institutions were never audited. In fact, some of them were in slumberland. They never thought that they needed to account for this money. When we started auditing them, some of them were shaking. When they realised that they are now coming before a parliamentary committee, it was a headache for them. Many had many excuses on why they could not make themselves available. However, they are getting used to it with time and we are getting proper standards in auditing. The Committee recommends that the National Treasury and the Office of the Auditor- General conducts annual sensitisation and capacity building for all accounting officers and finance staff in State corporations on their responsibilities during audit cycle and adherence to internal performance agreements (IPAs). On late submission of supporting documentation, the Committee observed that some accounting officers failed to submit supporting documentation to the Auditor-General in time during the audit cycle as required under Section 68 of the e Public Finance Management (PFM) Act. This invariably led to the Committee discussing matters that will ordinarily not feature in the final report, some as mundane as accounts vote balancing. The Committee that I Chair in this House has been firm to the extent that accounting officers must provide all the documentation within the audit cycle and failure to do so will attract penalties. We have surcharged and penalised very many officers. I can report to this House that that is bearing fruit. The Committee recommends that the accounting officers to henceforth comply with section 68(2)(k) of the PFM Act, 2013, by providing supportive documentation on time. The Committee, on subsequent audits, will prescribe punitive measures to the accounting officers who will fail to adhere to the requirements. Unsecured/Untitled land holdings is an issue that cuts across most institutions. The Committee observed that there are cases where land owned by various institutions was not secured and titled accordingly. That lead to encroachment in some cases with the potential of eventual forfeiture or loss. The Committee took note of the fact that many State corporations had illegal encroachment on their land. For instance, the Kenyatta University (KU) has faced a situation where 140 acres of its land have been encroached upon by illegal squatters. Despite a court ruling in favour of the University, these squatters have persisted on the property, even constructing buildings and earning rental incomes from the unlawful use of land. This is an unlawful act being perpetrated by thieves, by people who have decided to steal public property; 140 acres of land belonging to KU have been stolen. There are high skyscrapers. Developers have built very serious buildings there. When we went there, we were equally warned, and for this, we did not even succeed to land. We were warned that these people have goons who they have put on notice if one appears anywhere in a manner that suggests that you want to deal with that land. It is unfair. In the current disposition, we should not have such. We implore the head of the Police Service, Inspector-General, to move with speed and provide security because the Judiciary has pronounced itself on this matter. This land belongs The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
},
{
"id": 1568493,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1568493/?format=api",
"text_counter": 347,
"type": "speech",
"speaker_name": "Bumula, DAP-K",
"speaker_title": "Hon. Wanami Wamboka",
"speaker": null,
"content": "to KU, and it must have this land. The names that were being floated for having grabbed this land will shock this House. They are the high and mighty. Hon. Kirima wants to give me information. Hon. Deputy Speaker, would you allow him or I proceed?"
},
{
"id": 1568494,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1568494/?format=api",
"text_counter": 348,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Hon. Moses Kirima spoke of the record)"
},
{
"id": 1568495,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1568495/?format=api",
"text_counter": 349,
"type": "speech",
"speaker_name": "Bumula, DAP-K",
"speaker_title": "Hon. Wanami Wamboka",
"speaker": null,
"content": "Okay. Some of them are high and mighty. At the end of the day, we are going to shame them on this Floor. This country must continue in the right direction. The Committee recommends that the National Land Commission (NLC) and the relevant ministries immediately ensure that all said corporations secure titles to all their parcels of land. These institutions and the National Treasury must also prioritise fencing off all land holdings to forestall further encroachment. The Committee recommends that encroachers face the full extent of the law, be evicted and charged in court. The Committee further recommends that the Attorney-General put together a multi-agency team with a mandate to initiate the process of reclaiming land that has been encroached upon by squatters, like the case of KU. Furthermore, the Attorney-General should collaborate closely with affected state corporations, universities, and institutions to streamline efforts and provide the necessary legal and logistical support for the successful resolution of land encroachment issues. Failure to adhere to gender, ethnicity, and regional balance is another area where government institutions have done very badly. The law proposes that an institution must not employ more than 30 per cent from the dominant community. We have a situation where institutions are having more than 84 per cent from one community, making it difficult for Kenya to coexist as one community. The Committee is very firm regarding public institutions having the face of Kenya in their workforce. Several institutions have skewed ethnicity within their staff complement, especially at the senior management level. This was especially manifested in those agencies domiciled in areas predominantly inhabited by a particular ethnic group. This Report highlights concerns about the under-representation of certain ethnic groups and fair employment practices and potential discrimination in recruitment, promotion, and other employment-related processes. Despite explanations from the accounting officers that a lack of diversity was prevalent in the lower cadres, the Committee is of the view that the rife unemployment countrywide is attracting an ethnically diverse pool of applicants for advertised jobs. This is tenable. We commend the committee of this House that oversees the National Cohesion and Integration Commission (NCIC). They have done a good job, but that is not enough. We urge them to follow up with these institutions to ensure they adhere to the timelines set by these committees. It is unfair. All Kenyans need to belong; all Kenyans must feel they are part and parcel of this country. Every Kenyan pays taxes and should feel like a true Kenyan. As a Committee, we are firm in our commitment to implement this, and in the coming reports, you will see us take more punitive actions, particularly in this area. The Committee recommends that all public agencies comply with the constitutional provision on equity and inclusiveness, as buttressed by the National Cohesion and Integration Act No.12 of 2008. We also recommend amending the Technical and Vocational Education and Training (TVET) Act, 2013, to grant these institutions the authority to engage with the Public Service Commission (PSC) during the hiring process for the 50 per cent allocated to the board of governors. Furthermore, the Committee recommends that the NCIC, together with the Inspectorate of State Corporations, conduct a biannual examination of the ethnic composition in State-owned enterprises to confirm incremental progress on this matter. Lastly, I want to address matters concerning Kenyatta University and the Kenyatta University Teaching and Referral Hospital (KUTRH). When Kenyatta University dreamt of establishing a medical school, its goal was to benefit its students, making it a training school The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
},
{
"id": 1568496,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1568496/?format=api",
"text_counter": 350,
"type": "speech",
"speaker_name": "Bumula, DAP-K",
"speaker_title": "Hon. Wanami Wamboka",
"speaker": null,
"content": "for future medical professionals. With the support of the National Treasury, the Government acquired a loan from China and built what is perhaps one of the largest hospitals on Kenyan soil today, aimed at training serious medical students for the market. The then Vice-Chancellor, Prof. Olive Mugenda, who did a commendable job, later joined KUTRH. The Committee views this as a conflict of interest. She decided that the hospital needed to be autonomous. According to the Committee, the Departmental Committee on Health, as well as the Select Committee on Implementation in the 12th Parliament, this move seemed primarily aimed at creating space for herself, perhaps after her retirement. That matter continued…"
},
{
"id": 1568497,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1568497/?format=api",
"text_counter": 351,
"type": "speech",
"speaker_name": "Kinangop, JP",
"speaker_title": "Hon. Kwenya Thuku",
"speaker": null,
"content": " On a point of order."
},
{
"id": 1568498,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1568498/?format=api",
"text_counter": 352,
"type": "speech",
"speaker_name": "Hon. Deputy Speaker",
"speaker_title": "",
"speaker": null,
"content": "What is your point of order?"
},
{
"id": 1568499,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1568499/?format=api",
"text_counter": 353,
"type": "speech",
"speaker_name": "Kinangop, JP",
"speaker_title": "Hon. Kwenya Thuku",
"speaker": null,
"content": " Thank you, Hon. Deputy Speaker. The Member moving this Motion is misleading the House. He has mentioned the former Chair of KUTRH directed and gave autonomy to KUTRH. I happen to have been a Member of the Public Investments Committee (PIC) in the 12th Parliament that he has mentioned. I also happen to be a Member of the Departmental Committee on Health and can give the chronology and genesis of what happened as far as the movement of KUTRRH is concerned, from KU to the autonomy it holds as a parastatal. It was by the dint of an Executive Order by the former President, Uhuru Kenyatta. Therefore, the House should be rightly informed."
},
{
"id": 1568500,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1568500/?format=api",
"text_counter": 354,
"type": "speech",
"speaker_name": "Hon. Deputy Speaker",
"speaker_title": "",
"speaker": null,
"content": "Hon. Kwenya, you are out of order because this is a Committee Report. The Committee has already reviewed this."
},
{
"id": 1568501,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1568501/?format=api",
"text_counter": 355,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Hon. Kwenya Thuku stood up in his place)"
}
]
}