Senators to hold special sitting on county funds oversight

Senators will be holding a special sitting on Thursday to address measures aimed at ensuring that billions of shillings allocated to the 47 counties are well utilized.

In a communication made by Senate Speaker Amason Kingi to Senators who are currently on a one-week recess, the house will be handling reports from two Senate Committees that are tasked with carrying out oversight of county funds.

The house will be considering the reports of the Senate County Public Accounts Committee Chaired by Homa Bay Senator Moses Kajwang on its consideration of the reports of the Auditor General on the financial statement for the financial year 2023 and 2024.

The house will also be considering reports of the Senate County Public Investments and Special Funds Committee Chaired by Vihiga Senator Godfrey Osotsi on its consideration of the reports of the Auditor General on the financial statement for the financial year 2023 and 2024.

 Kingi told Senators in his communication that the house will also be considering the County Governments Additional Allocation Bill with the three items being the only agendas before the house, which is currently on a one-week recess expected to resume normal sittings next Tuesday.

“In accordance with the standing order No 33(5) of the Senate standing orders, the business specified in this notice shall be the only business before the Senate during the special sitting after which the Senate shall stand adjourned until April 1, 2025,” said Kingi.

 Irked by High Court ruling that all audit reports must be reviewed and considered by Parliament within three months from the date of reception from the Office of the Auditor General, Kajwang’ now proposes to introduce an omnibus motion to deal with the 47 County Executive Reports.

Kajwang’ clarified that the constitution requires parliament to consider and take appropriate actions on the reports within three months stating that they will bring one motion for discussion where all the reports will be tabled for discussion before the house this morning. 

“We will ensure that all audit reports will be brought to the house in one motion and we will ask the House Business Committee to set aside at least one week for debate and we will go through the report general recommendations, then we will direct the committee to invite the governors to deal with specific recommendations,” said Kajwang’. 

Kajwang said all the Senators will ventilate and give them instructions on whether to arrest one governor or investigate another governor and the house will tell the committee to go and implement its resolution which can be achieved by inviting individual respective governors. 

He said that his committee is going to be ruthless in tackling graft in the devolved units, adding that they will not be swayed by dubious pollsters promising to terrorise thugs and thieves in the counties and that they will not be directed by some dubious opinion polls on how to perform their work.

“This time round will focus more on implementation of our reports and also on county visits to see exactly what is happening, we are out to ensure that public funds allocated to counties do not end up in a bottomless pit even as those who are responsible lobby to get favourable slots in opinion polls,” said Kajwang.

Osotsi also said that it was not practical for the houses of parliament to look at the auditor general reports for national and County Government entities within the short period stating that it will limit the performance of their oversight work.

 “It is not practical for Parliament and County Assemblies to process reports within less than six months, the High Court ruling made over that matter was unfair which calls for parliament to seek a review so that to ensure that its oversight role is not impended,” said Osotsi.

The Vihiga Senator said that the committee has got over 1,000 reports to look at and that it would not be tenable for it to look at them within a period of six months promising to lead the committee in carry out its work in a fair and balance manner without prejudice to any individual or agency.

The Clerk to the Senate Jeremiah Nyegenye said that the Senate has applied for review of the judgment of the High Court, putting forward the difficulties faced by the Senate owing to the judgment.

“The review of the application made by the Senate on the ruling made by Justice Jairus Ngaah over the timelines for both house of parliament handling Auditor General reports has been heard before Justice Roseline Aburili, and the ruling is set for May 6, 2025,” said Nyegenye.

The Clerk to the National Assembly Samuel Njoroge argued that it was practically impossible for the parliament to consider all the audit reports within only 90 days, adding that it is the people who will suffer and not parliament.

He further explained that there are about 250 parastatals, 400 Training Teachers Colleges, Technical, Vocational Training Educational Institutions, State Departments, Ministries, public Schools, Political parties and Independent offices and Commissions’ reports that need to be examined.

“The National Assembly split Public Investments Committee into three to try and hasten the examination of those reports. We even created the Special Funds Committee and the Decentralized funds. Even if we were to ask all the committees of parliament to examine the audit reports, we cannot do it within 90 days,” charged Njoroge.

 Justice Jairus Ngaah in a ruling issued in October 1 last year following a case filed by the Nairobi County Assembly against the Auditor general said that timelines set out in the Constitution are neither negotiable nor can they be extended by the courts.

Ngaah who serves in the Constitutional Division of the High Court directed that where the constitutional timelines are violated, any decision arising out of the same should be considered to be invalid, null and void setting a stage on how the Auditor General Report will be dealt with.

 The direction by Justice Ngaah to have the Auditor General Reports for National and County Governments to be acted upon within six months by Parliament is likely to change how the Senate and National Assembly handle the reports.