{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=150581","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=150579","results":[{"id":1523992,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1523992/?format=json","text_counter":228,"type":"speech","speaker_name":"Sen. Wafula","speaker_title":"","speaker":{"id":348,"legal_name":"Davis Wafula Nakitare","slug":"davis-nakitare"},"content":"The West Kano Irrigation Scheme received substantial amounts from 2008 and 2021. However, regular and systematic audits fund utilizations have not been taken and inevitably led to the culmination of unaudited accounts running to many years. The Kisumu County Government that facilitated the ownership and acquisition of the tractors for a very long time equally did not honour its part of responsibility. The revolving fund may have collapsed because of initial cash disbursement. Therefore, lack of goodwill from the farmers and the mentality that the support was a grant and hence failing to remit the funds may have led to the collapse of the revolving fund. That aside from the funds received from the rehabilitation fund, the scheme also received funds from Farm Accessories Aid Funds and other funds and the Rice Sales Fund, which also needs to be investigated and audited. Mr. Deputy Speaker, Sir, I conclude that- (1) Through the investigation carried out by the Directorate of Criminal Investigations (DCI) officials implicated in the Petition, this is to ascertain that the EACC officials and Office of the Ombudsman, Regional Office of Kisumu, who have been accused of inaction and investigated their role in the failure to act conclusively on the matter, the DCI should then share the final report with the Committee within the stipulated time. (2) A forensic audit of the West Kano Cooperative Scheme should be carried out. (3) An institutional audit of the National Irrigation Board should be carried out by EACC to determine the management of the irrigation scheme and their role in the revolving fund within four months. (4) An official status report to be provided by the County Government of Kisumu in relation to the Farm Accessories Fund. This report should also cover status of the non- functional machineries and grounded tractors as well as current balance of the ongoing remittances being serviced by the Kisumu County Government. (5) A final audit report be provided by the National Irrigation Board to the Committee on the revolving fund that collapsed because of the initial cash disbursement that was a grant, which was later converted to a revolving fund within six months. This will also confirm if the lack of goodwill from farmers and the mentality that the support was a grant and hence failing to remit the funds is the reason that led to the collapse of the revolving fund. (6) The EACC to provide a formal response to the Commission on Administrative Justice findings report that stated that the responses of the scheme were shrouded with inconsistencies and further noted that the matters raised amount to allegations of corruption. This response should be shared with the Committee within three months. The EACC should extend investigations to the Kenya Commercial Bank (KCB) Kisumu branch within five months regarding their role in facilitating the opening of the bank account under the name of individuals, yet the account was used to transact Government funds. They should also be investigated to determine their role in the graft allegation. In conclusion, the Committee observed that this petition and all other matters affecting the country's farmers subsequently affect food security. Any related issue raised The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1523993,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1523993/?format=json","text_counter":229,"type":"speech","speaker_name":"Sen. Wafula","speaker_title":"","speaker":{"id":348,"legal_name":"Davis Wafula Nakitare","slug":"davis-nakitare"},"content":"regarding matters affecting farmers not only in West Kano but also in other irrigation schemes should be thoroughly dealt with. In order for the Committee’s recommendations to be actionable. I beg to Move. I want to take this opportunity to request that Sen. Cherarkey second."},{"id":1523994,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1523994/?format=json","text_counter":230,"type":"speech","speaker_name":"Sen. Kathuri","speaker_title":"The Deputy Speaker","speaker":{"id":13590,"legal_name":"Murungi Kathuri","slug":"murungi-kathuri"},"content":" Sen. Cherarkey, proceed."},{"id":1523995,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1523995/?format=json","text_counter":231,"type":"speech","speaker_name":"Sen. Cherarkey","speaker_title":"","speaker":{"id":13217,"legal_name":"Cherarkey K Samson","slug":"cherarkey-k-samson"},"content":"Thank you, Mr. Deputy Speaker, Sir. It is an honour to second this Motion. Yesterday, we debated a Motion on the issue of maize. Today, we are debating West Kano and the role of EACC in this matter. I want to agree largely with the report. Our farmers sacrifice a lot. They sometimes come together through cooperative movements. Sometimes, they save money. Unfortunately, a few individuals, especially our directors, take advantage of the funds meant to bring cooperative movements. I know you are a member of a cooperative in Mount Kenya, which I will use for debate purposes. I do not want it to be misinterpreted. Most coffee cooperative movements have died because of corruption and bad governance within them. Directors are working scot-free, yet corporate governance provides the processes for handling directors who misuse funds and abuse office yet they have to be arrested. This is similar to what happened in West Kano, Kisumu. Therefore, the sad thing in this country is that money is misappropriated. Still, the agencies that are supposed to investigate and prosecute have become part and parcel of the money heist and propagate the criminality of public plundering of resources and cover-up. The story we had in this report looks like a classical cover-up by the EACC. Instead of investigating, they became complacent in the whole matter. Yet farmers were losing their money. This West Kano project is critical because we are talking about food security in this country. We need to ensure that there is enough maize, rice, and wheat in the country. Therefore, I am happy that the Committee has made serious recommendations without fear or favour of contradiction. If the recommendations are fully implemented, they will be a reprieve to the farmers of West Kano. This is a huge scheme run by farmers involving millions of shillings. I agree that since EACC did not carry out a proper investigation, the Director of Criminal Investigations (DCI) should prosecute the perpetrators. I want to call out EACC. Some of us have complained about the financial misappropriation in our counties. However, EACC calls the media in a Razzmatazz, perambulating with cameras, conducting office raids, and taking the governors or senior county officials to write statements. However, many months down the line, they have yet to make one arrest or even charge one person in a court of law. The EACC, instead of being a catalyst or prosecution of corruption in this country, they are no longer doing its job. They are becoming an antidote to the corruption in this country. For example, in Nandi County, there was a payroll scandal. Close relatives of the governor with close sanguinity were found in the payroll fraud. One morning, the EACC appeared like angels and decided to do a razzmatazz. In the full glare of media cameras, they ransacked the county offices, but six months later, they had never The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1523996,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1523996/?format=json","text_counter":232,"type":"speech","speaker_name":"Sen. Cherarkey","speaker_title":"","speaker":{"id":13217,"legal_name":"Cherarkey K Samson","slug":"cherarkey-k-samson"},"content":"made a single arrest. It is unfortunate that EACC bangled the investigations in West Kano because of corruption. Instead of fighting corruption, they are perpetuating it. Therefore, I agree that the DCI must seize the matter, do the needful, investigate, and charge people, including directors or officials who participated in the misappropriation of funds. Although I have heard the Committee has recommended a forensic audit, of course, with a view to a possible investigation of perpetrators, a forensic audit must be done to ensure that anybody who is found culpable and participated in this heist is prosecuted. If you watch Netflix movies, there is a series called ‘Money Heist’. Gen Zs and young people like watching this series. This incident is a classical movie about the heist of farmers' money. There must be a forensic audit with a view to prosecution. Therefore, the Director of Public Prosecutions (DPP) should look into this case. Under Article 229 of the Constitution 2010, the role of the Auditor General is also to do a special audit, specifically a forensic audit, to unearth financial misappropriation with a view to prosecution. Upon the passage of this report, the committee must request that the DPP take over the findings with a possibility and a view of prosecution. I have been informed that some of the people who should be prosecuted include senior county officials and high-ranking officials in the national Government. A forensic audit must be done. This is embarrassing, and I hope the CEO of EACC and EACC apologise to West Kano Farmers for bungling these investigations. Nowadays, you report corruption, and I am not saying all EACC officers are bad; a few errand officers within EACC, when a corruption case is reported, go and look for the person who is accused, and they see each other “behind the tent”. This impedes the fight against corruption. So, Sen. Maanzo, as you talk about corruption, this is a classical case where EACC has become complacent, which is unfortunate, even in our counties. The EACC nowadays has opened another business of laundromats, or laundry services, where the corrupt are reported to EACC; they take over the file and make sure the investigations are sham. The file, which is a skeleton, is taken to the DPP; the DPP returns the file and says it does not meet the threshold to prosecute the accused. This is the way they run laundry services for the corrupt in this country. If the EACC were 20 per cent serious, I could tell you a number of senior county officials; three-quarters would be in jail eating beans. They told me that you do not get beans at a king's table. I know your visitors eat beans and ugali daily in school, but I am told there are no beans at the king's table. This individual should be eating beans here in the Industrial Area Prison, Shikusa Prison and across prisons in the country, so that they are disciplined. We should make it painful for somebody to steal public money so that when somebody even sees public money, they shudder. Unfortunately, people in this country are fighting to be in Government. You saw the number of people applying to be Independent Electoral and Boundaries Commission (IEBC) commissioners - thousands and thousands. People are leaving private practice to go to the public sector. They imagine that when you are a public servant, it is easy to plunder and become wealthy, and to sanitise your money, you The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1523997,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1523997/?format=json","text_counter":233,"type":"speech","speaker_name":"Sen. Cherarkey","speaker_title":"","speaker":{"id":13217,"legal_name":"Cherarkey K Samson","slug":"cherarkey-k-samson"},"content":"go and run for an elective office, which is bad manners that we are practising in this country, and it must stop. The third point is that the National Irrigation Authority is a failure. We must collapse some of these agencies.Yesterday, we discussed about the National Drought Management Authority (NDMA). I know there is a biting drought in Makueni, Kitui, Machakos, Kajiado and northern parts of Kenya, which include Mandera, Wajir, all the way to Turkana. Some of the agencies have money, but you cannot understand what they do. You recall the Solai Dam Tragedy. It happened because agencies like the NIB were complacent. Therefore, they must be charged for failing on the duty of care. As an agency, you have a duty of care about your services. They must be charged for negligence. The fourth point is that directors must be charged. The fifth point is about commercial banks. This is where the road meets the rubber. The directors of Kenya Commercial Bank (KCB) Kisumu Branch must be surcharged. The Ethic and Anti-Corruption Commission Act is very clear about proceeds of corruption. They allowed proceeds of corruption to be transacted through the accounts and they were just complacent. The only motivation of commercial banks is to make profits but they also owe a duty of care to Kenyans. Those are Kenyan banks which are also run by Kenyans. Why is it that they are only motivated to make profits by breaking the law? I expected the Kenya Bankers Association (KBA) to do something. The Central Bank of Kenya (CBK) should keep an eye on that because our commercial banks are becoming avenues for money laundering and channels of proceeds of corruption which is a crime. Why is money being lost through corruption and where do those people hide it? They do not hide it in their bedrooms or under mattresses. That money can be traced because they hide in bank accounts. Commercial banks are even assisting those people to take money outside the country to the famous escrow accounts. They keep it in Dubai or Swiss accounts. We heard about Panama Papers where some senior individuals and their families were mentioned. It was reported that they were hiding money in Cayman Islands. Kenyan banks such as KCB Kisumu Branch are aiding and abetting proceeds of corruption. The CBK must take punitive action against KCB Kisumu Branch. That should include surcharging managers of that bank. I want to encourage the Auditor-General. When we have cases of corruption in the counties, we must name and shame commercial banks that are being used for money laundering. The Senator for Bungoma is here. They are operating over 330 commercial bank accounts. Nandi had almost 100 and Meru had a similar number. The law is clear that they should have accounts at the CBK. However, you will find a county like Nairobi having thousands of commercial bank accounts. What is the purpose of those many accounts? When it comes to revenue collection, you will find that they have M-Pesa Paybill numbers and commercial bank accounts. That is a way of facilitating proceeds of corruption and money laundering. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1523998,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1523998/?format=json","text_counter":234,"type":"speech","speaker_name":"Sen. Cherarkey","speaker_title":"","speaker":{"id":13217,"legal_name":"Cherarkey K Samson","slug":"cherarkey-k-samson"},"content":"Therefore, Mr. Deputy Speaker, Sir, I call upon the CBK, which is the regulator, to enforce these regulations. We have the Ethics and Anti-Corruption Commission Act, where they have defined the meaning of proceeds of crime. The issue of farm machineries and accessories must be looked into. We need to know the status of the machinery at West Kano Irrigation Scheme. Just like the commercial banks, the NIB must be sanctioned and senior officials surcharged so that we ensure that our farmers do not continue to suffer. Owing to the failure by the EACC, I encourage the CAJ, also known as the Office of the Ombudsman, to investigate this travesty of justice because that is also their work. The CAJ found that there were many inconsistencies in terms of investigations by the EACC. All said and done, the EACC failed on the duty of care. It also aided and abetted corruption. They must be called out. There is something I do not understand. Who will watch the watcher or watchman? The EACC is supposed to fight corruption but they are aiding and abetting it. Sen. Mungatana, who will arrest the EACC officers? Ordinarily, they should be the ones arresting the corrupt. Who will watch the watcher or watchman?"},{"id":1523999,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1523999/?format=json","text_counter":235,"type":"speech","speaker_name":"An hon. Senator","speaker_title":"","speaker":null,"content":"The army!"},{"id":1524000,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1524000/?format=json","text_counter":236,"type":"speech","speaker_name":"Sen. Cherarkey","speaker_title":"","speaker":{"id":13217,"legal_name":"Cherarkey K Samson","slug":"cherarkey-k-samson"},"content":"So, you are proposing that we have court martial? If the EACC has bungled investigations, we can become radical and allow the army to take over through court martial. If the watchman is the one allowing stealing, who will ensure that the watchman is being watched? Just as the Member said, if the EACC has bungled investigations, the institution that should take over is the military through court martial so that the money can be returned. I know Sen. Maanzo knows this because he is a Senior Counsel. We must trace the money that was stolen. As we surcharged them, we should also make recoveries. Under the law, the Assets Recovery Agency has an obligation to trace such money and bring it back to the country. In this country, when someone is found to have been corrupt, we should not only jail them, but also trace and recovery the assets and the money and bring it back. Corrupt people know that they can steal and be taken to court. While in court, they play around with the judicial process after getting lawyers who are sharp to delay the prosecution. When they are fined, for example, Kshs100 million, they come back and enjoy the proceeds of corruption. We must make it painful to steal from Kenyans. The first thing should be to jail them. We can suggest that the corrupt must be paraded at Uhuru Gardens and shot from the sides, so that we do not have their DNA in our system. We should not allow them to sire seeds of corruption. We can as well recommend that we have court martial, the way our neighbour, President Museveni, is doing to some individuals. They should be shot from the sides after having gone through court martial. Another way is to make them sterile. We should castrate them so that we do not have their DNA in our society. That will save our young people who know that in order to get something from the Government, you must be corrupt. We should value integrity. For example, in Japan, when one is just mentioned as being corrupt, they commit suicide because of the shame and embarrassment. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1524001,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1524001/?format=json","text_counter":237,"type":"speech","speaker_name":"Sen. Cherarkey","speaker_title":"","speaker":{"id":13217,"legal_name":"Cherarkey K Samson","slug":"cherarkey-k-samson"},"content":"I urge Members to support this report. I do not know whether Sen. Maanzo is a Member of the Committee on Justice, Legal Affairs and Human Rights. They should invite the EACC to appear before the Senate. They should stop arresting traffic police officers who take Kshs50 or 200. They should tell us where individuals who are stealing the Social Health Insurance Fund (SHIF), those who used to steal from the National Hospital Insurance Fund (NHIF) and those who did state capture are and why they are enjoying the proceeds of corruption. We are making noise here in the Senate, yet people are enjoying ill-gotten wealth. Mr. Deputy Speaker, Sir, with those many remarks, I beg to second this Motion. Thank you for your indulgence on time."}]}