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"content": "(b) On or about 31st August, 2023, the governor launched a programme dubbed: “Equalizer Kazi Mtaani Initiative” drawing county funds towards the initiative without legislation to anchor the initiative. Further, the initiative was not subjected to public participation nor prior approval by the County Assembly and the Controller of Budget. (c) The governor has been coercing the current and former Chief Executive Committee members (CECM) to make financial allocations for governor’s own use from the funds allocated to their respective departments and which funds they were required to remit through the governor’s personal assistants. (d) The governor violated Articles 201(a), (d), (e) of the Constitution of Kenya, on principles of public finance management and Article 226 as read with Article 227 of the Constitution by presiding over glaring irregularities evidenced by- (i) irregular award of contracts and evasion of accountability; (ii) wilfully interfering in the procurement processes and the award of tenders; (iii) skewed tender awards to various contractors at an inflated rate and in collusion with fraudulent contractors and suppliers; (iv) irregular implementation of various programmes in the County; and, (v) intentionally and negligently presiding over massive theft of county public funds as evidenced by the Auditor-General’s Report for the Financial Year ended 30th June, 2023 which raised red flags over various projects. (e)The governor misused funds from the county emergency fund to compensate the victims of Londiani accident to cover up for the funds raised by the public for the victims and misappropriated by a committee he had formed to steer the fund drive. Allegation II: Misappropriation and/or abetting misappropriation of publicly raised funds. The particulars of this allegation are that the Governor on various dates between 4th and 9th July, 2023 violated the provisions of Articles 10, 73 and 75 of the Constitution, and Sections 29 and 34 of the Leadership and Integrity Act, by- (i) overseeing misappropriation of the funds raised for victims of the horrendous Londiani junction accident tragedy in which over Kshs9 million of public raised funds were lost and reneging on his undertaking to implement the Report of the County Assembly’s Ad hoc Committee formed to probe the misappropriation of funds meant for the victims of the accident; (ii) being personally and directly complicit in the flawed award of direct tenders for service providers during the fund raiser and requiem mass of the victims of the accident; and, (iii) failing to ensure that decision making in the executive office of the County Governor is not influenced by corruption, nepotism and other callous and improper motives hence failure to exercise objectivity and impartiality thus violating Article 73(2)(b) of the Constitution of Kenya."
}