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{
    "id": 696775,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/696775/?format=api",
    "text_counter": 203,
    "type": "speech",
    "speaker_name": "Hon. Ichung’wah",
    "speaker_title": "",
    "speaker": {
        "id": 1835,
        "legal_name": "Anthony Kimani Ichung'Wah",
        "slug": "anthony-kimani-ichungwah"
    },
    "content": "approvals. Some take long to obtain that from their parent ministries or from the National Treasury. We have, therefore, recommended that CEOs of State corporations that have spent beyond their approved budgets should obtain, within three months of the adoption of this Report, post facto approval of their revised budgets from boards, parent ministries and the National Treasury if their expenditures were necessitated by factors beyond their control. We must emphasize that it must only be as a result of factors beyond the control of the boards of the State corporations. This is because some of the expenditures are those that are truly avoidable. What we have recommended are those expenditures that the CEOs are not able to get a post facto budget approval from the National Treasury and their parent ministries. The Ethics and Anti- Corruption Commission (EACC) should move within six months and initiate investigations after the adoption of this Report with a view to prosecute and surcharge the concerned officers in accordance with the law because the law is quiet clear on how you should spend money in State corporations. The sixth general observation is irregular payment of board sitting allowances. The law is very clear on this matter. The Committee observed that many State corporations still continue to violate Section 10(1) of the State Corporations Act Cap. 466 of the Laws of this country. This law restricts payment of sitting allowances for attendance of meetings to the Chairman and members of a board other than the CEO. I will give the example of Horticultural Crops Development Authority (HCDA), which is now a directorate under Agriculture, Fisheries and Food Authority (AFFA). It paid a total of Kshs421, 220 to non-board members in attendance as sitting allowance during board committee meetings. In our recommendations there are no two ways about this. If you pay people who are not allowed by law to be paid sitting allowances--- It is a case of strangers walking into this House and claiming an allowance. It is like clerks of the National Assembly who sit with us in this House and are on full time employment claiming to be paid sitting allowances the same way Members of Parliament (MP) are allowed by law to earn. That does not happen here, I was just giving that as an example. We have proposed that the Inspector General of State Corporations should within one month of adoption of this Report start the process of recovering all the irregularly paid sitting allowances from concerned officers because most of them are Government employees on full time employment. He should then remit the same to the respective State corporations. A status report on this recovery should be submitted to the National Assembly every quarter until the entire irregularly paid board sitting allowances are fully recovered and settled. The CS, National Treasury should within three months on adoption of this Report compile and submit to the National Assembly a comprehensive status report on irregular payment of sitting allowance to Government officers. All Chief Executive Officers and secretaries to boards of State Corporations must, at all times, ensure that Section 10(1) of the State Corporations Act is 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."
}