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A Senate committee yesterday proposed to table a motion to stop the National Treasury from releasing funds to counties whose governors have had adverse opinions of the audit reports and treat them with contempt.

The County Public Accounts Committee chaired by Homa Bay senator Moses Kajwang’ summoned Nairobi Governor Johnson Sakaja to appear before it within 14 days to respond to audit queries.

Senators now want to invoke article 225 (3) which states that Parliament may authorise the Cabinet Secretary responsible for Finance to stop the transfer of funds to a State organ or any other public entity only for a serious material breach or persistent material breaches of the measures established under that legislation.

Although, a decision to stop the transfer of funds may not stop the transfer of more than 50 per cent of funds due to a county government.

The Committee was irked with Sakaja’s incessant skipping of Senate committees, saying that penalties put in place to deal with such public officials should be strengthened.

Yesterday, Sakaja was to appear to respond to audit queries for financial years 2020-2021 and 2021-2022 in which the County received cumulatively Sh76 billion in the two years.

Kajwang’ questioned why contempt of the Executive and Judicary attracts serious consequences yet contempt of Parliament is taken casually.

“Let the words of the Speaker reverberate. We cannot be a House of lamentations. Nothing is going on in Nairobi. Let us stop money from going to these counties whose governors have shown contempt to the Senate,” said Kajwang’.

He went on: “We cannot be seen to be desperate yet we are the representative of the people. Governor Sakaja must be compelled to appear before us within 14 days and to answer to the use of Sh76 billion sent to Nairobi for the two financial years.”

This is after Richard Onyonka (Kisii) asked his colleagues to prepare a motion and take it to the floor of the house on the conduct of Sakaja and other governors who have been ignoring summons whenever invited to appear to answer audit queries.

“Let us take this matter to the floor of the House. We need to do something drastic against the governors who treat this committee with contempt,” said Onyonka.

On her part, Fatuma Dullo (Isiolo) charged that the Senate has the power to send a strong message to Sakaja and other governors who skip Senate committee meetings with contempt.

Rogue governors

“We have powers as Senators on the floor against these rogue governors. We need to stop money from being released to these counties. This will send a message that we do have powers,” said Dullo.
She went on: “Even the Ethics and Anti-Corruption Commission (EACC) liaison person has been withdrawn from the Committee without any explanation.”

Nairobi Senator Edwin Sifuna said that Sajaka has not only skipped a meeting with the Senate Public Accounts committee but also the Energy and Housing committees to respond to various issues.

According to Sifuna, the behaviour and attitude of Sakaja and others is what led to Vihiga Senator Godfrey Osotsi to come up with the Parliamentary Powers and Privileges amendments that introduced stiffer penalties on governors who treat the House with contempt. “Nairobi is an exceptional case.

Sakaja must be brought to the whole House. He lies that things are working in Nairobi but there is nothing working. Mr Chairman, I want to wash my hands as Pontius Pilate, take this governor and do as you wish,” said Sifuna.

Sifuna further charged that Nairobi has for the last four financial years received adverse opinions from the Auditor General and urged the National Treasury Cabinet Secretary should stop releasing funds to the County government until the audit queries are responded to. “Nairobi has received four adverse opinions.

This shows that there is a serious and persistent material breach. Let the conviction be made by the Senators on the floor of the House. As to the implementation of the conviction, we shall deal with it the Nairobi way.”

In addition, the committee wants reports of various investigation requests it has made to EACC touching on the use of funds in various counties.

“We need to get a report. Summarize all the action points. Parliament cannot be weak, cannot appear helpless and cannot be a House of lamentations,” said Kajwang’.

“We direct that the EACC chairman Dr David Oginde and the Chief Executive Officer Twalib Mbarak appear before the committee and table the reports of the investigations they have been carrying out.”