17 May 2021 in Senate:
Mr. Speaker, Sir, we tried to seek from the witness the source or the person who gave him copies of those statements, and that was not proved. Also, the Committee took note of the fact that if this matter has been pending with EACC for a period of two-and-a-
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17 May 2021 in Senate:
half years, it is that particular body that can give a proper status on what is the status of any investigations, if any, against the First Lady of the County of Wajir. Therefore, all those allegations of abuse of power and authority were not proved and the same were thus not substantiated.
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17 May 2021 in Senate:
Allegation No.10 which is operation of various bank accounts in the local commercial banks, the Committee found as a fact, that the county operates some accounts at local commercial banks. However, it found that operating those bank accounts was not unconstitutional, neither were they against the law. The reason is that the accounts are in line with the donor funded projects, like the Danish International Development Agency (DANIDA) or for health facilities. The health facilities have been given the leeway to generate money and they bank them into specific accounts, so that an assessment can be made on their sustainability. ...
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17 May 2021 in Senate:
On the second allegation on Violation of Article 73 (2) (b) of the Constitution, without going into details, this is an Article dealing with Chapter 6 of our Constitution on issues of impartiality, nepotism and the likes. On this particular allegation, the Committee was of the view that no evidence was tendered before the Committee. There was no proof of any nepotism from the part of His Excellency the Governor. Therefore, this particular allegation was not proved and substantiated.
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17 May 2021 in Senate:
Mr. Speaker, Sir, on the third allegation, Violation of Section 53 (1) (b) of the County Government Act, 2012, the Committee finds that this allegation was not proved and, therefore, the Committee returns a verdict that the same was not substantiated.
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17 May 2021 in Senate:
Mr. Speaker, Sir, we want to make some observations to the House. That, some of the charges relating to abuse of office relate to violations of the Public Procurement and Asset Disposal Act and the Public Finance Management Act. The Committee noted that the Public Procurement and Asset Disposal Act is a stand-alone Act that has very detailed procedures on how procurement is done in public offices. This includes putting in place tender committees in a process that a signature of an accounting officer brings to an end the whole circle of procurement.
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17 May 2021 in Senate:
Mr. Speaker, Sir, I was on Allegation 12. Before the microphone went off, I was making an observation that the Committee went through the evidence that was tendered before it and returned a verdict that this particular violation was not proved. On Allegation No.13, which is violation of Article 201(a), (d) and (e) and Article 226(5) and 227(1) of the Constitution, having gone through---
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17 May 2021 in Senate:
Mr. Speaker, Sir, as a Committee, we were not able to trace any nexus between the procurement of services that took place in the County Government of Wajir and the Governor. Therefore, we found that this allegation was not proved.
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17 May 2021 in Senate:
Mr. Speaker, Sir, another issue that featured is a situation where authority is sought from the Controller of Budget (CoB) to pay particular pending bills of listed companies on letters that are addressed to the CoB. Consent is sought before the county can make payments. The allegation here was that there is alleged corruption taking place in the County Government of Wajir. This is because once the approval of the CoB is given some companies get substituted with the ones that were not appearing on the list that was approved for payment by the CoB.
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17 May 2021 in Senate:
Mr. Speaker, Sir, though we found as a fact that this maybe wrong, we were not able to find any specific provision of the law that was violated. In fact, we took judicial notice of the fact that this is a common occurrence in all Government offices. This is because at times payments can change depending on the urgency of the matter at hand or change of priority. We did make a recommendation that this matter should be addressed either by amending the Public Finance Management (PFM) Act or through a Bill that is pending before the National Assembly; The ...
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