A Senate watchdog committee has directed the anti-graft agency to investigate financial malpractices in Vihiga county assembly running into millions of shillings.
The Senate County Public Accounts Committee said the county assembly is a “crime scene” following allegations of widespread malpractices.
The Homa Bay Senator Moses Kajwang-led panel gave the Ethics and Anti-Corruption Commission 60 days to probe the issues flagged by the Auditor General.
The county assembly led by Speaker Chris Omulele, former Luanda MP and clerk Ambaka Kilinga is on the spot over irregular payments of allowances and imprests.
Auditor General Nancy Gathungu's report for the financial year ended June 2021 says that the assembly paid Sh2.1 million to 11 MCAs and 10 secretariat staff of an ad hoc committee to compile a report at a hotel in Nairobi for eight days between May 2 and June 11, 2021.
A further Sh638,400 was paid by the assembly on May 18, 2021, for daily subsistence facilitation to nine MCAs and seven secretariat staff of an ad hoc committee.
The committee was charged to prepare a preliminary report on a collapsed county executive gate between May 7 and 9, 2021.
The report states that the venue of the report writing was not stated, and no evidence was provided indicating that the MCAs and staff acknowledged receipt of the said facilitation.
Further, there was no evidence that the team moved out of the assembly premises as the work ticket for the vehicle alleged to have been used indicated that the vehicle was in the station during the three days in question.
In their response, the assembly said the report writing was done in Kisumu at a venue convenient to the committee members, where they were paid per diems.
The assembly was also fingered for non-surrender of Sh2.2 million worth of imprest where six officers were holding between two and six imprests worth Sh1.39 million contrary to the law, which says an imprest holder should surrender the first imprest before being issued with another one.
The report further flagged the county assembly for Sh15.2 million unexplained variances between financial statements and payments made through Integrated Financial Management Information Systems as well as Sh25.9 million under declaration of transfer from the county treasury to the assembly.
Another query was Sh5 million payment made to county assemblies forum and Sh750,000 to society of clerks without any legal backing.
During a stormy meeting, the committee’s vice chairperson, Nandi Senator Samson Cherargei, said the county assembly has systemic issues that must be investigated.
The committee called upon EACC to start investigations into financial, procurement and human resource systems at the assembly.
“We call upon the EACC to immediately open investigations into various financial malpractices matters in Vihiga county assembly within the next 60 days with action taken against culpable officers,” Cherargei said
The session almost turned chaotic after Speaker Omulele took issue with an anti-graft agency officer attached to the committee revealing that there are active investigations at the assembly.
“The county assembly is under serious investigations and we are finalising the same very soon,” the officer said.
The statement, however, infuriated speaker Omulele.
“This is nonsense. We better stop this meeting. I am ready for any investigations to be carried out but what I am not ready for is this officer to make allegations against an institution I head,” he said.
Kajwang’ warned the former MP against threatening a government officer, saying the officer is not in the committee at the invitation of the Vihiga county assembly.
“Whatever decision we take, the EACC has a job to do. They have the capacity to investigate financial malpractices and recommend prosecutions where there is illegality,” the senator said.
The county assembly had been accused of being contemptuous of the committee by failing to comply with directions issued as well as issues raised by the panel in March this year.
The assembly had been criticised for late submission of documents with the clerk failing to give substantial response on the same.
The assembly was also put on the spot over unresolved audit queries with the leadership failing to provide documents to conceal evidence regarding the queries.
However, Omulele, who was now answering questions on behalf of the clerk, differed with the committee, saying they have complied with all directions given, even as he challenged the committee to point out which issues they have not addressed.
He went on to defend Kilinga, claiming there has been no adverse mention of the clerk and as far as he knows, there isn’t any motion that was approved by the assembly removing the clerk from office.
“Whether the clerk is in office legally or not is not part of today’s proceedings,” Omulele said.
The speaker was responding to the committee’s concern on whether the meeting can proceed with a clerk who allegedly should not be in office.