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{
    "id": 618951,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/618951/?format=api",
    "text_counter": 155,
    "type": "speech",
    "speaker_name": "Hon. (Eng.) Gumbo",
    "speaker_title": "",
    "speaker": {
        "id": 24,
        "legal_name": "Nicholas Gumbo",
        "slug": "nicholas-gumbo"
    },
    "content": "procured a security consultant in the name of Simiyu Werunga. She further went ahead to approve payments to Mr. Werunga to the tune of Kshs29,934,975 without a valid contract. Moreover, the project was undertaken both without the services of an independent consultant and signing of a minuted contract as should have been the case for such projects. It was also strange that the consultant who provided the initial report became the implementer of his own recommendations and the final checker/verifier as to the cost and quality of the project. Most of the security equipment has since stopped working, leading to direct loss to the taxpayer. Moreover, it is not clear why public funds were used to undertake work in the private residences of senior Judiciary staff. Mrs. Shollei must bear the greatest responsibility for this wasteful and unnecessary loss of public funds. Mr. Benedict Omolo conceded irregularities in payment of allowances. He went further to approve advance payment to contractors of Kshs126,703,827 to M/s. Timsales Ltd. and a further Kshs 26,469,832 to Economic Housing Group contrary to Section 14 (7) of the Government Financial Regulations and Procedures which provides that:- “Payment to contractors should be made on the basis of signed contract and a payment voucher prepared that is supported by certified delivery notes and/or certificates for goods, works or services.” Mr. Omolo further approved payment of Kshs106,720,048.97 for the Containerised Data Centre which was not operational several months later. Mr. Omolo approved payment of Kshs29,934,975 to Mr. Simiyu Werunga without requisite accompanying documentation like a properly signed contract, payment certificate, delivery notes and proper invoices. The Committee finds that the now interdicted Director of Finance approved payments contrary to Article 226(5) of the Constitution that places direct liability on public officers. The Director of Supply Chain Management oversaw gross mismanagement in the organisation. Procurement regulations were flouted and his evidence to the Committee was indicative of a public officer who deliberately failed to perform his duties as is expected of him in Section 26(8) of the Public Procurement and Disposal Act, 2005, which states that:- “For the purpose of this section, a \"procurement professional\" means a person who— (a) has professional qualifications in procurement and supply management from a recognized institution. (b) is engaged in a calling or occupation in which recourse to procurement is directly or indirectly involved and has experience in the practice of procurement. (c) is a member of a recognized institute of purchasing and supply. The Committee finds that this neglect of professional duty is inexcusable, considering the fact that the officer was a former employee of the Public Procurement Oversight Authority (PPOA) and thus ought to have known better. During the period under review, the Judiciary directly procured services from JKUATES and PricewaterhouseCoopers without justification. As the director in charge, Mr. Okwatta is expected to have overseen all procurement processes and ensured they complied with the law. Mr. Martin Okwatta is therefore culpable of gross mismanagement of procurement procedures and regulations in the supply chain department. The Director of Information and Communication Technology (ICT) is culpable of conspiring with the former CRJ, Mrs. Gladys Shollei, to commit public funds for the acquisition 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."
}