• Majority leader Peter Imwatok said the committee is yet to meet crucial witnesses and visit various sites whose evidence and findings are critical in an inquiry over revenue.
• The objective of the inquiry was to investigate, advise and make recommendations to the county government on the overall revenue performance of the county.
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Nairobi MCAs have differed on the extension allowing the ad-hoc committee probing the decline of revenue collection to extend its mandate.
This is despite the assembly passing the motion to extend the committee's tenure for 45 days.
The committee this week, through its chair Majority Leader Peter Imwatok sought an extension of 45 days (February 1 to March 19, 2024).
“Notwithstanding the provisions of Standing order 211 (4) (b), the County Assembly resolves to renew the mandate of Ad hoc committee by a further period not exceeding forty-five days with effect from February 1, 2024, and table the report on or before Tuesday, March 19, 2024," he said.
Imwatok explained that the committee is yet to meet crucial witnesses and visit various sites whose evidence and findings are critical in the inquiry of the gaps surrounding revenue collection for Nairobi.
He cited Standing Order 211 (4) (b) Ad hoc committee shall submit its report within three months and shall upon submission of the report stand dissolved…” stating that the assembly is yet to receive their report for the committee to resolve.
The Majority leader also said that the assembly is guided by precedents set by the Senate on how they extended the 11-member committee which was probing cult activities and deaths at the Shakahola forest in Kilifi county.
On August 1, 2023, Senators resolved to extend the tenure of the 11-member committee probing cult activities and deaths at the Shakahola forest
It followed a request from the ad hoc committee chaired by Tana River Senator Danson Mungatana after more mass graves were discovered in the forest.
The committee asked for an extra period of time not exceeding 30 days to enable it to conclude its findings on the macabre deaths which was granted by Speaker of the Senate, Amason Kingi.
"The precedent has been set by the Senate and the City-County Assembly of Nairobi has no option to borrow from the same under Standing Order 1(2),” Imwatok stated.
MCA’s supporting the extension of the ad hoc committee mandate including Lindi ward MCA Samson Jera, said the committee’s finding will enable.
“It is us who complain about allowances and not being paid on time as we are always told there is no money while it's collected. At the end of their mandate, we will have money in our kitty, he said.
The extension was however opposed by some MCAs despite the assembly passing the motion
Among those who opposed, Highrise ward representative Kennedy Oyugi highlighted that the formation of the ad-hoc committee was wrong because it was dealing with a matter that could be handled by the budget committee.
“Standing order 211 (4) (b) reads that an ad hoc committee will not be formed if it deals with a matter that falls under another committee. Revenue falls under the budget committee and I am on record here on Hansard opposing the formation of this committee. The extension should be opposed by my fellow members because we should not be amending laws to suit our needs.” he said.
“It is written in the law and we should go by what our guiding book ‘The Standing Order’ tells us,” Oyugi added.
Kileleshwa MCA Robert Alai on his part opposed saying that if the Standing Order bars the extension of the committee then it would only be wise to follow as it guides.
“If the Standing Orders say that the mandate of the committee cannot be extended or it may not take the role of a substantive committee it would be fair if we change the Standing Order but before we do that, it's clear we cannot extend the mandate of the committee.” Alai stated.
Minority leader Anthony Kiragu on hid end, said that the committee may never have a chance to establish where the servers of the committee are and they should now focus on writing the report as they have already established no money is lost through the systems.
“The location of servers is a security issue and we may never establish where they are as it is a security threat. As a committee, we should focus now on writing the report.” Kiragu said.'
The committee now has 32 days left for them to table the report.
They are expected to make site visitations to the previous service providers of revenue collection in the country.
The county assembly, under Standing Order 211 of the Nairobi City County Assembly Standing Orders on November 1, 2023, adopted a motion for the establishment of an ad-hoc committee on inquiry into Nairobi's revenue collection systems and administration.
The objective of the inquiry was to investigate, advise and make recommendations to the county government on the overall revenue performance of the county including the revenue collection systems, history of revenue performance, revenue collection sources, collection hitches, accountability levels, and actual receipts versus targets among others.