HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 1156968,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1156968/?format=api",
"text_counter": 198,
"type": "speech",
"speaker_name": "Garissa Township, JP",
"speaker_title": "Hon. Aden Duale",
"speaker": {
"id": 15,
"legal_name": "Aden Bare Duale",
"slug": "aden-duale"
},
"content": " Hon. Deputy Speaker, pursuant to Standing Order No.44 (2) (c), I rise to request for a Statement from the Chairperson of the Public Accounts Committee (PAC) regarding alleged misuse and wastage of public funds on the Building Bridges Initiative (BBI) Steering Committee and Taskforce, the BBI Secretariat and Principal Secretaries. On Thursday 31st March, 2022, the Supreme Court declared the Constitution of Kenya (Amendment) Bill, 2020 popularly known as the BBI Bill as null and void. The pertinent question that arises is: Were public funds utilised in rolling out the unconstitutional BBI process? It is estimated that over Kshs30 billion was used by the BBI Steering Committee and Taskforce, the BBI Secretariat and the Principal Secretaries in the formulation and advancement of the BBI Bill. In particular, the BBI Steering Committee and Taskforce spent an estimated Kshs10 billion of public funds on what was termed as “public and stakeholder engagement exercise” for collection of views on the BBI Bill. Further, senior Government officers, including Principal Secretaries, who were also Accounting Officers, spent an estimated Kshs20 billion to roll out the illegal BBI project. Article 201 (d) of the Constitution provides that public money shall be used in a prudent and responsible way. Further, Section 66 (1) (a) (i) of the Public Finance Management Act No.18 of 2012 provides that Accounting Officers shall monitor, evaluate and oversee the management of public finances in their respective entities, including promotion and enforcement of transparency, effective management and accountability with regard to the use of public finances and take such other actions, not inconsistent with the Constitution. Further, Article 73(2) (d) of the Constitution provides the guiding principles of leadership, and integrity defines accountability to the public for decisions and actions as one of the leadership principles. Lastly, Article 226 (5) of the Constitution provides that if the holder of a public office, including a political office, directs or approves the use of public funds contrary to the law or instructions, that person is liable for any loss arising from that use and shall make good the loss, whether the person remains the holder of the office or not. The use of public funds by the BBI Steering Committee and Taskforce, the BBI Secretariat and the Principal Secretaries on the unconstitutional BBI Bill was in blatant violation of Articles 73(2) (d), 201 (d) and 226 (5) of the Constitution and Section 66 (1) (a) and (i) of the Public Finance Management Act, 2012. Hon. Speaker, indeed, pursuant to Article 73 (2) (d), as read together with Article 226 (5) of the Constitution, the Principal Secretaries who authorised the use of public funds and or diverted public funds for advancement of the unconstitutional BBI process should be held personally liable for the misuse and wastage of public funds. Whereas under Article 37 of the Public Audit Act No.34 of 2015, a forensic audit to establish fraud, corruption or other financial improprieties may 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."
}