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{
    "id": 742776,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/742776/?format=api",
    "text_counter": 166,
    "type": "speech",
    "speaker_name": "Hon. Keynan",
    "speaker_title": "",
    "speaker": {
        "id": 41,
        "legal_name": "Adan Wehliye Keynan",
        "slug": "adan-keynan"
    },
    "content": "the PFM Act 2012 and other regulations. This is the only way we can operate within a disciplined financial mechanism. The fourth issue that we realised is irregular payments of board sitting allowances. Boards of different organisations have disregarded even the provisions of the State Corporations Act, the PFM Act and, more recently, the provisions of the Mwongozo rules, which somehow offered guidance on areas where there was a lacuna on certain pertinent issues relating to their day to day mandate. Therefore, those issues must also be addressed and the Committee recommends that the accounting officers of various State corporations must, at all times, ensure that Section 10(1) of the State Corporations Act, Cap.466 of the Laws of Kenya as amended under the Statute Law (Miscellaneous Amendments) Act of June 2002 is fully complied with. The other issue that we realised was that of procurement of goods and services. The Committee observed that several State corporations continued to violate the provisions of the procurement law and regulations in their procurement of goods and services. This is also a worrying trend because the Constitution is explicit on how all State agencies are supposed to carry out their procurement processes. This issue has been disregarded and the Government continues to lose billions and billions of shillings in fraudulent procurement processes that are not properly structured and implemented. Therefore, the recommendation of the Committee is that the National Treasury and the Public Service Commission (PSC) must ensure that qualified and competent personnel are seconded to strategic departments and parastatals so that they can have officers who understand finance, procurement and human resource from the inception of those organisations. That is because, at times, there have been excuses that immediately a new entity comes into being, the officers use the excuse that they do not have competent and qualified staff and, therefore, that is why they had to do certain omissions. The second recommendation is that the EACC should, within one month after the adoption of this Report, investigate those anomalies and report to the National Assembly. The third recommendation is that the Director-General of the Public Procurement Regulatory Authority (PPRA) should, pursuant to Section 41 of the Procurement and Asset Disposal Act, follow up those cases and ensure that the taxpayers get value for their money. The fourth recommendation is to debar any individual or company--- These days, there are individuals called “tenderprenuers”. Their work is just to fleece the taxpayers of their money through fraudulent procurement processes. Therefore, if any individual, entity or company has participated in such fraudulent procurement processes, those individuals must be debarred for a certain period of time so that they can repent and make sure that taxpayers also get value for their money. The sixth issue that we realised in the audit of those organisations is the delay in availing of documents to the Auditor-General’s Office. The Auditor-General’s Office is a critical independent institution under Chapter 15 of the Constitution. Therefore, we found out that different parastatals have used lame excuses and frivolous reasons to the auditor’s office for delay in giving critical information that is necessary for the preparation of their audited accounts. We also found this trend worrying. Therefore, the Committee recommends that the executive officers, that is, the accounting officers must, at all times, comply with the audit timelines as specified in Section 68 of the PFM Act 2012 and must take appropriate measures to resolve any issues arising from the audit as required by Section 68 (1) of the PFM Act 2012. The second recommendation is that the accounting officers must submit those reports to the Auditor-General’s Office without delay. 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."
}