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"content": "The County Governor committed serious crimes under national law in the following way; (i) Violation of Article 212 of the Constitution of Kenya, 2010, and Section 58 of the Public Finance Management Act, 2012, by borrowing a loan of Ksh200 million from Kenya Commercial Bank (KCB) without guarantee by the National Treasury. The said loan was not factored in the Debt Strategy Paper of the County Government of Murang’a over the Medium Term Expenditure Framework, contrary to Section 140(1)(d) of the Public Finance Management Act. (ii) Contrary to Article 201(d) of the Constitution of Kenya, 2010, that requires public money to be used in a prudent and responsible way, the County Executive irregularly purchased hay for cows at the controversial Mariira Farm. Further investigations reveal that there was no documented evidence for release and delivery of the 20,000 bales of hay resulting to loss of public funds amounting to Kshs4 million. This criminal undertaking is clearly substantiated in the Auditor General’s Report for the period July 1, 2013 – June 30, 2014. (iii) Contravention of Articles 201(d) and 227(1) of the Constitution of Kenya, 2010, that requires a state organ or any other public entity to contract goods or services in accordance with the system that is fair, equitable and cost effective. Additionally, violation of Section 29 of the Public Procurement and Disposal Act 2005 by incurring exorbitant costs of advertisement amounting to Kshs247million, glaringly inclined to one company, Top Image Media according to the Report of the Controller of Budget for the 2014/2015 Financial Year. This spells gross irregularities in the operations of the county executive in procurement of media services intentionally skewed towards one particular company. Further scrutiny by the County Assembly reveals that the County Executive has continuously evaded the use of open tendering in procurement of goods and services. (iv) Violation of Article 41(1) of the Constitution of Kenya, 2010, that stipulates the rights of every person to fair labour practices and Section 19 of the Employment Act, 2012, through failure to remit statutory deductions of the defunct local The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}