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{
    "id": 1038888,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1038888/?format=api",
    "text_counter": 89,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "Contrary to the law, the Office of the County Executive Committee Member (CEC) for Finance and that of the Chief Officer for Finance, were held by the same person, one Ms. Winfred Gathagu, which situation occasioned confusion and inefficiencies at the County Treasury, hence failing to promote good governance and compromising the doctrine of transparency and accountability within the county government. (g) The Governor has violated the provisions of Section 104 of the Public Finance Management Act, on the responsibilities and powers of a County Treasury, whence through inaction, action, omissions and commissions, he continues to preside over a broken public finance management system, whence the county treasury remains ineffective. Despite various resolutions of the County Assembly urging the governor to improve efficiencies by decentralizing the finance function to sectors as required by the provisions of Section 148 of the Public Finance Management Act, 2012 the county continues to operate in contravention of the law. (h) The governor has violated the provisions of Article 5.5 of the Deed of Transfer of Functions by his refusal to hand over the necessary documentation to enable the Kenya Revenue Authority (KRA) to undertake optimal revenue collection under the transferred functions. For instance, by the end of June 2020, the county had collected just Kshs8.4 billion, against a projected revenue target of Kshs17.05 billion. This was partly due to failure by the county government to facilitate the KRA to hit its optimal potential as the revenue collection agent appointed pursuant to the Deed of Transfer of Functions. (i) The governor grossly violated Article 201 of the Constitution on the prudent use of financial resources and Section 159 of the Public Finance Management Act, 2012 as read with Section 7 of the Nairobi City County Tax Waivers Administration Act, 2013 by unilaterally and arbitrarily issuing waivers in total disregard of the law. The governor was aware that the law provides that waivers should be granted by the CECM for Finance. (j) The Governor has violated the provisions of Article 201 (d) of the Constitution on principles that guide all aspects of public finance in the Republic and Article 227 (1) on procurement of public goods and services and the provisions of the Public Procurement and Disposal Act, 2015 by willfully interfering in the award of the tender for the construction of the Dandora Stadium as established by the Public Procurement Review Board (PPRB), leading to loss of public funds in overseeing payments despite concerns by technical officers. (k) The Governor has violated the provisions of Article 201 of the Constitution and the Public Finance Management Act, 2012 on principles that guide all aspects of prudent use of public finance, where either intentionally or negligently, he presided over massive loss and theft of county public funds in the three years he has been in office. This is as evidenced by the Auditor-General’s Report of Financial Year 2018/2019, which raised the red flag over the city’s stalled Kshs204.2 billion projects as well as failure by the county government to meet its revenue targets. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}