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Public Hearings shall be held on Wednesday, 30th July, at a. Written Memoranda may be forwarded to the Clerk of the Senate, P. Box , Nairobi, hand-delivered to the Office of the Clerk, first floor, Main Parliamentary Buildings, Nairobi or emailed to csenate parliament. Stalled project cost State House Sh The mandarins also failed to properly explain how they spent another Sh56 million on fuel, oil and lubricants for the luxury vehicles that form the presidential motorcade.

The audit queries have set the stage for top officials at State House to be summoned before the powerful opposition-led Public Accounts Committee to explain how they used the money. Those who are likely to be called to.

The Chief of Staff and Head of Public Service Joseph Kinyua is likely to lead that delegation to Parliament buildings, where the pending questions will all be thrashed out in the presence of the auditor. The petrol station and workshop project was poised to cost the taxpayer Sh million, but according to the Auditor General Edward Ouko, the bureaucrats at State House paid the colossal amount Sh In January, the Auditor General sent a team of auditors to State House to find out if the petrol station and the workshop had been built and if the payment was commensurate to the work done but realised the project had stalled.

Thebureaucrats failed to explain why they paid 85 per cent of the money yet the work done did not warrant such payments. The next step for the auditor was to find out if the contractor had decided to make good and complete the project, or if State House had decided to recover the money that had been paid.

But that too hit a brick wall. It was not clear how State House had intended to handle the matter considering that the contractor has not been issued with a default notice and the process of recovery of liquidated damages had also not commenced The project began on May 23, and was to last for a year but the auditor noted that a review of contract details in January indicates that the contract stalled in June After going through the contract, the auditor general realised that the contractor did not table documentsto show how he intended to execute the project.

No evidence was provided to show that the contractor submitted a performance guarantee in accordance. Retired President Mwai Kibaki whose regime has come under sharp scrutiny over expenditure in State House. In view of the foregoing, it was not possible to confirm the propriety of Sh88,, Those who are familiar with the operations at State House told The Standard that theres a fuel pump where the high-end vehicles of the presidential motorcade get their fuel, and that for many of the repairs, the vehicles use the workshop at the General Service Unit Headquarters on Thika Road.

Other major repairs are done by specific motor-vehicle dealers in Nairobi, who are pre-qualified to do the job for State House. But it is not just the money for the petrol station and the workshop that the Auditor General has questioned. He also did not find evidence that Sh56 million for fuel, oil and lubricants was spent prudently. The expenditure has not been accounted for through work tickets, logbooks, monthly fuel returns, certified receipt bills and proof of acknowledgement of receipts of fuel drawn as required, the auditor said.

It has not been possible to confirm the propriety of the expenditure of Sh56,, The ball is now on State Houses court to meet the Public Accounts Committee in the National Assembly to explain how the money was used.

Those likely to appear before the PAC to answer the questions when the matter comes up for scrutiny are the State House comptroller Lawrence Lenayapa, his deputy George Kariuki, and the senior accountants in the office.

The congress, working under the Jukwaa La Katiba Citizens Constitution Implementation Platform, formally launched the campaign dubbed Operation Ondoa Panya, which shall mobilise Kenyans to take action against MCAs who abuse or misuse public resources. We are convinced that the implementation of devolution is at risk if no action is taken.

The aim of our campaign is to ensure that non-account-. When the time comes, Kenyans will exercise the right of recall in a positive way that will ensure long term accountability for resources that are devolved to the county level, said Otieno. The campaign will be carried out through the writing of petitions to institutions responsible for ensuring accountability, including the Ethics and Anti-Corruption Commission and the Senate.

We will also write letters to governors and county executive members, especially those in charge of finance informing them of the likelihood of action being taken against them if they continue to facilitate pilferage by MCAs, said Otieno.

He said they will write letters to individual Members of County Assemblies with demands that they be accountable. The Auditor General recorded that since February at the tail-end of Vice President Kalonzo Musyokas tenure toJune , theres money that was not shown in the books of the ministry, even though the money was disbursed from the National Treasury. However, an examination of the records maintained by the ministry during the year under review shows that only Sh,, was receipted in the cash book on various dates between September 3, and February 19, , the auditor general said.

No explanation has been given for failure to receipt Sh,, The key issues include Sh The auditor general has queried the single-sourcing of a firm for domestic air travel, for which Sh3. Three other firms were picked for foreign travel and paid Sh Another firm was paid Sh When the mandarins in the office were asked about the anomaly, they said they had made the payments and picked the suppliers without tendering because of security considerations.

Although it has been explained verbally that the procurement process considered the security of the personnel involved, the explanation contravenes Section of the Public Procurement and Disposal Act, in which the ministry is not listed among institutions authorised to procure air tickets as security items, the Auditor General said. According to the law, very few State organs are allowed to single-source.

They do this with the permission and supervision of the Treasury and the Auditor General, plus that of the Controller of Budget. Up to Sh No reason has been provided for failure to account for or recover this outstanding amount, the Auditor General noted in his report before the National Assembly.

Payment vouchers for expenditure amounting to Sh million incurred at National Intelligence Service were not made available for audit review, the auditors report reads in part.

Further, certificate of declaration that the expenditure was incurred as required by the Minister responsible was not provided. Consequently, it was not possible to confirm that the expenditure was lawful and the funds were applied effectively as required by the Constitution the report continues.

BBy Alphonce Shiundu The countrys spy agency got millions of shillings from the military and the InteriorMinistry under dubious circumstances, the Auditor General has revealed. The Auditor General Edward Ouko accused the two organs of flouting the law by diverting at least Sh million in their budgets to the National Intelligence Service.

The military, through the Ministry of Defence gave out Sh million while the Ministry of Interior gave out Sh million to the spy network in the financial year. Auditors failed to trace that money at Ulinzi House and also at Harambee House, the respective headquarters of the two key Government ministries. They were told the money was paid to NIS, but when they went to NIS headquarters off Thika Road, they found nothing concrete to show that the money actually got to the spy agency.

The only evidence he got as he scoured dozens of documents to find out the spending details was an unsigned letter from the NIS confirming receipt of the money. When the auditor pushed for someone in the Ministry of Interior to own up, the paper trail went cold. A certificate of declaration that the expenditure was incurred as required by the Minister responsible has not been provided for audit verification, the Auditor General noted in his report. But even after one year in office, the auditors never got an explanation, and thats why they have returned the adverse verdict against the ministry.

They have looked at the book-keeping and financial controls in the ministry and they insist that these are weak and even non-existent. As long as the money is covered with the cloak of national security, then, accountability disappears. There is no documentation on how the money is spent, the Auditor General said in his report. The ministry violated the Kenya Defence Forces Act and also breached the Governments financial regulations. The auditor says military accountants adopted new accounting.

But even with Rotichs blessing, the law is clear that if the National Assem-. After going through theaccounting systems, the auditor general realised that the same loopholes present in the Ministry of Interior were also there at the Department of Defence because money was spent, but it was never accounted for.

The audit revealed that the management of the Ministry has not put in place adequate internal control to mitigate against risks arising from using confidential expenditure funds to supplement any officers emoluments as expenditure incurred is not supported, the report reads.

The truth of the secret payments to NIS will be known when the Public Accounts Committee grills ministry officials in the presence of auditors, to get answers on what happened to the cash.

The military breached Section 1 and 2 of the Kenya Defence Forces Act for not keeping records of accounts.

Nkaissery asked the county commissioner to name those involved and take action against them. He was Speaking at Dalalekutuk, Kajiado Central, on Saturday where the Masai community elders and leaders were meeting locals in a bid to fight female genital mutilation.

Nkaissery said it is wrong for a county commissioner to blame CORD instead of giving the names of those involved, adding that as a CORD member he is not aware of plans to cause insecurity in the country. I am a CORD member and have never heard nor planned for any violence. It is wrong you cannot give blanket blame to an entity. In order to help this country, give names of those fueling violence, said Nkaissery.

We have moved to equip all the division offices with vehicles in a bid to overcome insecurity in the country.

We have also announced the acquisition of a chopper to make it easy to deal with the issue of insecurity with an aim of making this country safe to investors and its citizens, said ole Lenku. He urged Maasai community to stop retrogressive culture and opt for development issues. Kajiado county commissioner Harsama Kello warned Non-governmental organisations to stop using Maasai women to propagate female genital mutilation for financial gain.

Kajiado women representative Mary Seneta accompanied by her Laikipia counterpart Sarah Lekoirel asked local teachers to ensure children get their share in education at the right age. We would like to tell teachers to ensure children get education at the right age rather than forcing them to repeat leading to early marriages and school drop out, said Mary Seneta.

Police have revealed the names of two men killed near the Likoni Ferry Crossing on Friday evening over alleged terror links.

Police alleged thaton FridayBenson Mwinyi and James Kariuki Wanjohiwere armed with a pistol and grenade and were about to cross the Likoni ferry when they were killed.

Security authorities had linked the two to the July 20 killings in Likoni. Those are the names on the identity cards we found on them but we are trying to verify if the identity cards are genuine or false, said Mombasa County police commander Robert Kitur.

Mr Kitur said the two fired at police when ordered to alight from a matatu they had allegedly arrived in from Mtwapa in Kilifi County. Although police say the suspects were resisting arrest, one of them was killed inside a matatu, which police allege the two were trying to hijack after realising they had been surrounded by armed officers. Upon being flagged down by police to stop as the vehicle approached the ferry, said Kitur, one of the suspects pointed a gun at the driver and tried to force him to drive on after realising the matatu was surrounded.

A witness, Jason Omaya, said he saw three civilian police engage the two people from the matatu. Police findings indicate the contraband was packaged in the lakeside city and the owner is a Chinese BBy Cyrus Ombati. The kilogramme ivory intercepted by customs officials at the Jomo Kenyatta International Airport last Friday was packaged in Kisumu, police investigations revealed. The Sh33 million contraband, headed for Kuala Lumpur in Malaysia, was painted with red and black oxide to confuse sniffer dogs and wrapped in 12 carton boxes disguised as wood carvings.

Police pursuing the matter said even though no arrest had been made, their probe shows the cargo was packaged in Kisumu. Airport CID boss Joseph Ngisa said they had established the place where the packaging was done and were pursuing those behind it.

They originated from Kisumu but we do not know if they were from animals killed in Kenya or elsewhere. We are pursuing that, said Ngisa. He added they had established the owner of the cargo is a Chinese national.

But the cargo did not correspond to the animals. Officials became suspicious of the papers presented by a clearing and forwarding agent, prompting further inspection. A fortnight ago, two men were arrested and 22 pieces of ivory weighing 95 kilogrammes and valued at Sh, recovered from them along the Nairobi-Nakuru Highway. The men, both Kenyans, were in a salon car headed for Kampala, Uganda, but were intercepted at the Gilgil Weighbridge.

Last week, armed gangs killed four rhinos for their horns in the private Ol Jogi ranch near Nanyuki. This has been described as the worst rhino poaching incident in the country in more than 25 years. The rhino bodies were found on two separate sites on the 58,acre ranch and the poachers escaped with three of the animals eight horns.

Poaching in the region is on the rise as armed criminal gangs kill elephants for tusks and rhinos for horns, usually to be shipped to Asia to make ornaments and medicines. In efforts to curb the crime, Kenya is using high-tech surveillance equipment, including drones, to track poachers and keep tabs on elephants and rhinos roaming national parks.

Some of the ivory worth Sh KRA officials intercepted the ivory after documents indicated they were dogs being transported. Information Cabinet Secretary Fred Matiangi said the State will roll out the fibre optic cable in all the 47 counties before starting to develop the various schools across the nation. Matiangi noted for schools to produce students who can compete in the global space for jobs and other opportunities, the country must lay a good and enabling for them.

We are competing with the rest of the world and by embracing communications technology, we are sure the kind of students we will be producing in the job market will be able to compete with others from across the globe in various job markets, said the CS.

But Matiangi, who was speaking at Kanyawanga Boys High School in Migori County where he presided over a prize-giving ceremony, did not specify on the level of commitment the government has levelled on the project that began more than five years ago.

He could only join the case as anamicus curiae and not in any other capacity. His purported representation of Uhuru and Ruto should be declared unlawful and his appointment as legal counsel be struck off the record.

Lenaola said President and his deputy can only appoint private lawyers to represent them in the suit challenging presidency Isaac Aluoch Polo Aluochier is a political activist who is occasionally involved in tussles with the Government and State officers. According to him, the two should not have been nominated for election to the highest offices on the basis that they had previously violated the Constitution and should have been barred from the nominations. His argument was that between August 27, and August , both Uhuru and Ruto held double positions as cabinet ministers and officials of political parties contrary to Article 77 2 of the Constitution.

The article provides that any appointed State officer shall not hold office in a political party. The petitioner argued that the two should have then been disciplined for contravening the law. And under Articles 75 2 and 3 , the disciplinary action would have ensured they were. High Court Judge Isaac Lenaola.

He has actually asked the court to declare that the two should not be holding State offices. Though the petition was against Uhuru and Ruto in their private capacities, the Attoney General Prof Githu Muigai joined the suit to defend them.

On October 20 last year, Aluochier who acts in person in the cases, filed an application seeking determination by the court on whether the AG could defend the two leaders in a private case.

He made a strong argument that under Article 6 of the Constitution, the AG can only represent the Government and the public in civil proceedings and not individuals sued in their private capacities. He noted that there was no provision under the Office of the Attorney-General Act allowing him to represent individuals in court. He could only join the case as anamicus curiae friend of the court. His purported representation of Uhuru and Ruto should be declared unlawful and his appointment as legal counsel be struck off the record, said the petitioner.

Ms Munyi argued that under Article 6 of the Constitution, the Attorney-General has a wide mandate to promote, protect and uphold the rule of law and defend the public interest. It is within his discretion to determine when and to whom to offer his legal services in cases of public interest.

She argued that where any proceedings may affect the rights, property or profits of Government, then he had the power to intervene as a counsel, even where a public officer had been sued in a private capacity. Since the issues raised in the pe-. She said the petition was an abuse of court process and the court lacks jurisdiction to determine it because the issues raised have been litigated on and finalised in another petition in Mombasa. Article 4 , of the Constitution states that the AG is the principal legal adviser to the Government, shall represent the National government in court or in any other legal proceedings to which its a party, other than criminal proceedings and shall perform any other functions conferred on the officeby an Act of Parliament or by the President.

Article 5 says the AG shall have authority, with the leave of the court to appear as a friend of the court in any civil proceedings to which the Government is not a party. And Article 6 says the AG shall promote, protect and uphold the rule of law and defend the public interest.

But presiding judge Isaac Lenaola dismissed the objection by the AG. The proceedings before me are not against the National government because the respondents by whatever measure and whatever significance and importance of their respective offices, cannot be the government, said Lenaola. He added: In the Kenyan context, the two levels of Government; national and devolved, form the Government of Kenya and the Constitution deliberately limited the role of the Attorney General to legal proceedings involving the National government, whereas the devolved governments are left to seek their own legal representatives.

But it must be noted that his advice as opposed to represen-. Ms Munyi has argued that there is public interest involved in the present petition and since the AG is enjoined to uphold the public interest, then he should be allowed to appear and defend the respondents. I disagree. The question of advise, legal representation and public interest cannot be lumped together because the Constitution has demarcated them as such.

Whereas the AG is enjoined to uphold the public interest in the discharge of his mandate, the Constitution specifically limited his role as advocate and one cannot properly import public interest as a basis for legal representation, the judge summed it up. He added: The respondents are presently part of Government but the actions complained of really turn on their past principally as officials of political parties and at the same time, ministers in Government.

I do not see how those actions can be termed as actions of the National government to attract representation in court by the Attorney General, Lenaola further pointed out that even at the International Criminal Court ICC , both Uhuru and Ruto were bieng tried as individuals and not as part of Government. They are, in those proceedings, represented by private legal counsel and not the Attorney General. The judge therefore dismissed the objection by the AG. He ordered that the President and his deputy be served with notices for mention of the case and they could appoint private lawyers to represent them in the proceedings.

The case will be mentioned on August Businessman declines to submit gun, claims life in danger BBy Cyrus Ombati A Nairobi businessman has declined to surrender his gun to police as directed and instead complained that his life was in danger.

Police had ordered Bryan Yongo to surrender his pistol, citing alleged misuse in his home in Kitsuru, Nairobi two weeks ago. He declined and instead moved to court where be obtained an order stopping the authorities from confiscating it.

Yongo said on the material day on July 2, he was driving home when he realised a car was trailing him. When he arrived home and waited for a short while for his gate to be opened, the guards did not respond. This forced him to reach for his gun and shoot once in the air to wake them up. Neighbours later reported the matter to the police. And when police arrived at his compound the following day to record a statement and take away the weapon, they did not find him or get the weapon.

The businessman protested the police action as malicious and. He later served the officers with an order issued by Justice George Odunga who restrained them from taking away the weapon. This was after police wrote to him saying they had revoked his firearm certificate. In his suit papers, Yongo says his life and that of his family have previously been threatened and that the officers move was in breach of Article 47 of the Constitution, which quotes right to fair administrative action.

He added that a complainant in the case, Hiten Shah, was known to him and that he had another case against him of alleged threat to his life.

Nairobi police boss Benson Kibue said Yongos case is among those they are investigating. We have almost six cases of misuse of guns under investigations.

We will recommend various charges once investigations are complete, said Kibue. Among them is one in which businessman James Kariuki has been asked to surrender his firearm after he shot and wounded a guard who was responding to an alarm at a private compound. The incident came a day after businessman Paul Kobia alias Paul Ilunga Ngoei, the man named in a UN report over Congo gold smuggling claims, shot dead a robbery suspect along Parklands Limuru Road in an alleged botched robbery.

Earlier last month, a senior manager with ICEA was arrested and charged with murder after he shot and killed a motorist and injured another one in a road rage incident in Dagoretti area, Nairobi.

In Parklands, a police reservist was in June disarmed by security guards after he shot in the air in a bid to force his way into a womens hostel. Police said the man was dropping a female student at the Executive Ladies Hostel. When the guards prevented him from driving his vehicle into the hostel grounds, he took out a pistol and fired in the air twice.

Police arrested him before they seized the pistol, three magazines and 90 bullets, a police radio, his firearms certificate, a beret and a Kenya Police Reservist Identity Card. The firearms licensing section of the police has been opened after it was briefly closed for re-organisation amid graft claims.

Excessive consumption of alcohol is harmful to your health. Wrangles over party discipline will weaken Opposition Whereas political parties bring together people who share ideals and who must work together towards a common goal, many elected leaders in Kenya choose to apply double standards after elections. The issue of Jubilee moles inside Cord has featured prominently especially following the botched party elections in February.

Many legislators have been accused of working with the Jubilee-led Government to destabilise the Opposition and render it weak.

It was therefore that the sacking of Minority Party Chief Whip would cause so much furore. While Parties have the right to purge undesirables from their ranks, the reaction that this.

Several MPs from the region have threatened to quit Cord and form their own Coastbased party. It might be easy to dimiss this an an idle threat that has been tried time and again. It is doubtful that the Members of Parliament will voluntarily quit Cord and risk by-elections as stipulated in the Constitution, but the message is clear. Party divisions can only serve to weaken a robust Opposition. What the country needs is a strong Opposition not distracted by internal wrangles to keep Government on its toes.

The drafters of the Constitution had a vision for a strong Opposition. Yet from this single act, it seems there is no room for dissenting voices in political parties. That is bad for democracy. It will be unfortunate were the. The sacking therefore make a mockery of efforts to democratise our politics. The sacking and the apparent celebration from the Jubilee are two unconscionable acts that are a throwback in the democratic journey. Parties are tax-payer funded and should therefore work for the good of democracy.



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