- In a statement read by Mudavadi, the group said it will use the parliamentary route to compel the auditor to carry out the audit.
- Mudavadi said public officials decided to use their offices to finance politics, contrary to the Constitution and the Public Finance Management Act of 2012.
Image: DPPS
The Kenya Kwanza Alliance wants the auditor general to conduct a forensic audit on the funds used on the Building Bridges Initiative.
Led by Deputy President William Ruto, Musalia Mudavadi (ANC) and Moses Wetang'ula (Ford Kenya) the leaders said more than Sh10 billion was used to fund the botched Constitution amendment.
The leader spoke at a press conference in Lamu on Friday.
In a statement read by Mudavadi, the group said it will use the parliamentary route to compel the auditor to carry out the audit.
“It is now clear the legality and fraudulent dictation to Kenyans had an illegal process that cost the Kenyan government huge sums of money,” he said.
The ANC leader said the auditor upon request by Parliament is required to conduct forensic audits to establish fraud, corruption, or other financial improprieties.
“While the Supreme Court has decisively dealt with the unconstitutionality of the BBI circus, the determination of prudence in the use of public funds in the legality is placed under the ambit of the auditor general as per Section 37 of the Public Audit Act 2015,” he said.
Mudavadi said public officials decided to use their offices to finance politics, contrary to the Constitution and the Public Finance Management Act of 2012.
“We wish to remind the handshake duo or the BBI promoters who misused their offices in diverting public funds, that they are accountable to the public for their illegal decisions and actions,” he said.
The ANC boss said the Constitution states clearly if the holder of a public office directs or approves the use of public funds contrary to the law, the person is liable for any loss arising from that use.
The person shall also shall make good the loss whether they remain the holder of the office or not.
Mudavadi said Article 201 of the Constitution, on the principles of public finances, requires that public money shall be used in a prudent and responsible way.
“Funds that ideally should have been channelled to other urgent needs of Kenyans are now well manifested in the Azimio La Umoja campaigns,” he said.
The ANC boss said Treasury CS Ukur Yattani and his PS Julius Muia should be held accountable for any illegal utilisation of the public funds in the process that was declared unconstitutional by the Supreme Court.
He said there was violation of Section 66 of the Public Finance Management Act in the popularisation of the BBI as MPs had not appropriated funds for the process.
“It was rather an illegal diversion of public funds by public officials who decide to use their office to finance politics contrary to the constitution,” Mudavadi said.
Also present at the media briefing were MPs Aisha Jumwa (Malindi), Kimani Ichung’wa (Kikuyu), Ndindi Nyoro (Kiharu) and a host of local leaders.
(Edited by Bilha Makokha)