• The Devolution department paid the Nairobi River Commissioners as full-time employees for seven months.
•Environment ministry staff irregularly took home Sh216 million in allowances.
Image: ENOS TECHE
President William Ruto’s appointees to the Nairobi Rivers Commission face sanctions for drawing salaries illegally.
A new audit has flagged as irregular, the payments made to the lot to the tune of Sh17.8 million and the same should be recovered.
Auditor General Nancy Gathungu reports the anomaly in a review of the State Department for Devolution’s books.
The audit revealed that the department was handed Sh100 million by the Office of the Deputy President (where the commission is domiciled) for the operations of the Nairobi Rivers Commission.
From the allocation, the State Department paid the commissioners as full-time employees for seven months.
But Gathungu said the appointment letters and Gazette Notice [No14891] appointing the commissioners did not specify appointments on a full-time basis.
“Further, the legislative mandate for full-time appointment of the commissioners was not provided for audit review,” she said.
Gathungu said the absence of the requisite documentation “renders the salary amount drawn for full-time engagement irregular and recoverable.”
“In the circumstances, the regularity of the expenditure of Sh17,761,164 could not be confirmed and management was in breach of the Gazette Notice,” she said.
The nine-member Nairobi Rivers Commission comprises of Pamela Olet as chairperson, Mumo Musuva as representative from Nairobi county and Grace Senewa of the Ministry of Environment and Forestry.
Also in the team are Eva Muhia – representing Riverine Communities, Elizabeth Wathuti – civil society, Carlota Dal Lago – private sector, Eng Elija Biama – academia and Duncan Ojwang – academia. Former Kiambu Governor Ferdinand Waititu's nomination was suspended by the High Court.
Their main task is to restore Nairobi’s lost glory. “The city of Nairobi has fallen into a state of shameful, hazardous and unpleasant state of sanitary neglect,” Ruto said.
MPs are among political bigwigs who have been compelled to return a housing allowance they were illegally paid – to the tune of Sh460 million.
The lawmakers finished paying back the irregular allowances they received between October 2018 and December 2020 at the tail end of the last Parliament.
The gazette notice appointing the team stated that there would a secretariat to assist in the day-to-day management of the commission’s affairs.
It also set the team’s terms of reference to include reclaiming the rivers of Nairobi “as a spine to the city’s blue and green infrastructure”.
The team hired on December 1, 2022, was also to examine previous reports of efforts to reclaim Nairobi River and incorporate the lessons into the new drive.
The commission was also to coordinate the activities of the various players engaged in the rehabilitation, protection and restoration of the riverine basin.
It was also to monitor compliance with the laws and regulations governing the environment of the basin and its catchment areas in collaboration with State departments, agencies and/or ministries.
The gazette notice by President Ruto stated the team would hold office for a term of three years renewable once based on performance.
It says the commission is being financed through funding appropriated by the National Government and the Nairobi City County Government.
Other sources of funding include donations and endowments to implement the Nairobi Rivers Basin Regeneration programme run by the commission.
The auditor has flagged a similar case at the parent Environment ministry where she says staff irregularly took home Sh216 million in allowances.
Included in the personal allowances balance were allowances for safety, shift, adversity, aviation support and aviation.
The auditor says there was no documentation to back up the payouts amounting to Sh81,232,974, Sh41,664,122, Sh51,587,754, Sh13,166,391 and Sh28,578,505 respectively.
“No evidence was provided to confirm that the allowances were approved by the Salaries and Remuneration Commission as required,” the report reads.
“In the circumstances, the propriety of compensation of employees’ expenditure amounting to Sh216,229,746 could not be confirmed,” the report reads.