PAPER TRAIL

Agency boss refutes claims Sh180m transferred to private account

Leley says he can account for the money and that there's nothing illegal or irregular

In Summary
  • He further said that the only funds in the private account is the Daily Subsistence Allowance for assistant director Wambua which are subject to audit.
  • In court papers filed under a certificate of urgency, Omtatah said the committee has deposited huge sums of money in the account at Stanbic Bank.
Members of IGRTC with Devolution CS Eugene Wamalwa, CEO Peter Leley and Council of Governors chairperson, Wyclife Oparanya, at Tele Posta Towers on June 29, 2020.
Members of IGRTC with Devolution CS Eugene Wamalwa, CEO Peter Leley and Council of Governors chairperson, Wyclife Oparanya, at Tele Posta Towers on June 29, 2020.
Image: COURTESY

The Intergovernmental Relations Technical Committee has refuted claims that Sh180 million was transferred to a private account.

Chief executive officer Peter Leley has dismissed allegations by activist Okiya Omtatah who claimed the money was unlawfully transferred to the assistant director Monica Wambua’s personal account.

In his replying affidavit, through lawyer Danstan Omari, Leley said Omtatah is falsely and insufficiently equipped with the relevant information to adequately address the matters he filed.

“I can confirm that there has been no unlawful or irregular transfer of public funds amounting to Sh180 million from the IRTC deposited in the Monica Wambua’s personal account,” Leley said.

He further said that the only funds in the private account is the Daily Subsistence Allowance for Wambua which are subject to audit.

“There is and has been a proper manner as to how the monies within the institution is handled which is subjected to checks and balances," he said.

Leley said the Sh180 million that he is being accused of transferring to a private account can be adequately accounted for.

According to court papers, the Intergovernmental Budget and Economic Council established pursuant to Section 1876 of the Public Finance Management Act 2012 approved the exercise.

This was based on valuation and transfer of public assets which paved way for the National Treasury to give IGTRC Sh180 million for the purposes of undertaking the exercise.

Leley said the committee took over the function of preparing and validating an inventory of all the existing assets and liabilities of government, other public entities and local authorities and it’s been done in three phases.

He further said that the allegations made by Omtatah against the committee are false.

“He has ignorantly and reluctantly relied upon information that is incomplete and untrue and, as such, the entire application is unmerited and misleading to the court.”

Leley said he has acted in an official capacity and not in his personal capacity.

He claimed that IGRTC is not yet a national government parastatal and, as such, not answerable to the Public Service Commission but to the Summit as envisaged in the Inter Relations Act.

The Summit is the top organ when it comes relations that are intergovernmental in nature. 

“As a result of this we receive funding directly from the Treasury and not through the Ministry of the Devolution,” his affidavit said.

In the case, Omtatah said the Intergovernmental Relations Technical Committee uses the account to handle public funds.

In court papers filed under a certificate of urgency, Omtatah said the committee has deposited huge sums of money in the account at Stanbic Bank.

Omtatah said the account exposes public money as it is not subject to checks and balances as provided for in law.

The activist said the private account belongs to Wambua and is held at CFC Stanbic Bank, Kenyatta Avenue branch in Nairobi.

The committee is mandated to establish a framework for consultation and cooperation between the national and county governments, and among the county governments.

 

(edited by Amol Awuor)

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