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"id": 597024,
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"content": "(3)There must be a nexus between the violation and the governor. (4)The violation must have led to harm, loss or damage to society. (5)The violation must have led to a loss of dignity in the office held and loss of confidence or trust in the person holding office to carry out the functions of that office with integrity and accountability. Mr. Speaker, Sir, three charges against the Governor for Murang’a County were forwarded to your office by the Speaker of the County Assembly of Murang’a, namely:- (1) Gross violation of the Constitution of Kenya, 2010, the County Governments Act, 2012, the Public Finance Management Act, 2012 and the Public Procurement and Disposal Act, 2005. (2) Crimes under national law. (3) Abuse of office and gross misconduct. The findings of the Committee were as follows:- Regarding charge (1); Gross Violation of the Constitution of Kenya 2010, the County Governments Act 2012, the Public Finance Management Act, 2012 and the Public Procurement and Disposal Act 2005; the allegation was lack of accountability for the management and use of the county resources by incurring unsustainable debts to the tune of Kshs2.5 billion which was not disclosed in the Debt Management Paper, 2015 and the County Fiscal Strategy Paper, 2015 thus violating Article 201(e) of the Constitution of Kenya, 2010, Sections 123 and 107(2)(e) of the Public Finance Management Act, 2012. Further scrutiny of the debt owing, reports submitted by the County Executive Committee Member for Finance and Information Technology, Planning and as at 14th August, 2015, indicated violation of Article 226(5) of the Constitution of Kenya since some programmes in the debt’s report already had an appropriation in the budget for the year 2014/2015 only to reappear in the said debts; a clear indication of misappropriation of funds for the projects, for instance, Gakoigo Stadium under the Department of Youth and Sports was allocated Kshs30 million in the Financial Year 2014/2015 yet it had incurred a total debt of Kshs59 million and no monies had been paid. This positions the county in a very precarious situation which may lead to auctioning of the county assets. That was the allegation. Mr. Speaker, Sir, after calling all the witnesses, including, the Auditor-General and the Controller of Budget, the Committee unanimously found that the allegation was not proved and, therefore, was not substantiated. On allegation 2, regarding Violation of Article 201(a) and (d) of the Constitution of Kenya, 2010 that stipulates principles of public finance and Sections 5 and 131(b) of the Public Management Act, 2012, the County Governor, according to the allegation, allowed misappropriation of county funds by spending public funds in private commercial entities. The report of the Auditor-General on the Financial Operations of Murang’a County Executive for the period of 1st July, 2013 to 30th June,2014, page five, shows that the County Executive contributed a total of Kshs28,498,800 to Murang’a Investments Cooperative Society commonly known locally as Shilingi kwa Shilingi. The expenditure was incurred in respect of advertisements to promote the cooperative society and invite the general public to purchase shares in the cooperative. 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."
}