• House rules say that only nine people can be in a committee room – including staff, with a maximum of 70 for plenary sittings.
• Lawmakers want President Kenyatta to direct insurance firms to provide a percentage of cover for Covid-19 treatment.
A House committee has warned that Covid-19 emergency funds are at the risk of being abused in the face of uncertainties scuttling Parliament’s oversight.
The Committee on Delegated Legislation said restriction of movement poses hurdles to overseeing the fund's expenditure, procurement and deployment of supplies.
Chairperson Gladys Shollei said with Parliament not listed as an essential service, oversight may take a backseat especially after the House leadership dismissed any possibility of virtual sitting.
President Uhuru Kenyatta on Monday ordered Nairobi closed, limiting movement for MPs and staff.
Recommendations of plenary and committees may only be considered in a properly constituted sitting – now curtailed by movement restrictions and ban on gatherings.
The Uasin Gishu Woman Representative told the Star that they are worried the emergency fund will be exposed to ‘tenderpreneurs’.
“If we can do a Zoom committee meeting, then it means we will not be interrogating the activities of the Covid-19 Emergency Fund board,” she said.
Much as there can be exceptions by Speaker Justin Muturi for certain committees to hold sittings, MPs say it is almost impractical to meet.
The House rules are that only nine people can be in a committee room – including staff, with a maximum of 70 for plenary sittings.
Shollei says the situation poses a risk to the checks and balances on how the Covid-19 emergency funds would be administered.
Pay cuts by state officers, anti-corruption proceeds, and Sh7.4 billion CBK’s old Sh1,000 notes mop-up, and donations by well-wishers will be paid to the fund.
The President appointed EABL boss Jane Karuku to steer the fund, alongside key corporate leaders.
The team will consider and recommend the revenue and expenditure estimates for Treasury CS Ukur Yatani’s approval.
It will also approve opening and closing of bank accounts, disbursements from the fund, and performance reports.
“The board will also approve the financial statements, and consult with the Cabinet Secretary on matters relating to the administration of the Fund,” according to Covid-19 Fund rules.
Shollei said the committee, in consultations via email on Thursday, raised concerns that without the checks, suppliers would be single-sourced.
“They can decide to make people get business to supply medicine or even foodstuffs like maize. Parliament needs to deliberate on these issues,” she said.
“This is why Parliament should have been listed as an essential service. If we are not, it means we are not at work. Who will then oversee the Executive?”
She added: “There must be a watchdog. The Health committee will not be able to discuss procurement issues, let alone call suppliers to answer on their prices and how the purchased equipment is deployed.”
Leader of Majority Aden Duale said a way forward will be given during next Tuesday’s mandatory sitting for weekly sittings or two-week adjournment.
But Shollei’s team wants the regulations amended to include the poor in rural areas, not just those in urban informal settlements.
“Poor people in rural areas are also vulnerable. We will recommend their inclusion before the law is ratified.”
Shollei said that they will also recommend to the government to underwrite the expenses of private hospitals that have responded to Covid-19.
She argues that since the facilities cater for about 60 per cent of the country’s health infrastructure they will be handy should the cases explode.
The MP took a swipe at insurance companies for abandoning the government to singlehandedly tackle coronavirus.
Lawmakers want President Uhuru Kenyatta to direct insurance firms to provide a percentage of cover for Covid-19 treatment.
Shollei said the country has not reached a point of unforeseeable future, for firms to invoke the force majeure clause.
“The government needs to pile pressure on insurance companies to cater for treatment for the virus to some extent,” the MP said. “We need to interrogate the force majeure rule as Kenya has not reached a pandemic level.”
The committee was tasked with the review and ratification of a number of instruments by the Health and Treasury ministries.
Shollei said the regulations can be effected as long as they are approved or nullified by her committee within 90 days.
The team also wants rules set to bar individuals from possession and use of medical supplies – masks and ventilators.
“We need regulations to preserve such supplies for the health workers. If those rules are not put, people can buy ventilators and put them in their houses for their own use,” the Woman Rep said.
Edited by R.Wamochie