Next battlefield set as Wangamati ignores the Assembly’s recommendations on Mitungi

In Summary;

• Assembly recommendations
• Governor Wangamati’s response
• Assembly swings into action again

Bungoma governor Wycliffe Wangamati has created another battlefront with the Assembly following his silence and therefore failure to implement recommendations by the Health committee whose report was tabled, debated, passed and therefore adopted by the house. The committee investigated the ‘misuse’ of millions meant for the fight against Covid-19 and found some imprest and non-imprest holders in contravention of the Transition Circular.

The Assembly had among others directed that;

1. 1. Wangamati to dismiss non-imprest holders who handled county funds within 2 weeks; Caro Buyela, Martin Wafula, Pamela Serut and Kevin Namulala
   2. The County Public Service Board pleaded for more time to discipline imprest holders the Assembly’s directives

• Following failure by the executive to beat the deadline, the Assembly has now tasked the implementation committee to ascertain whether they (4 non-imprest holders) have been purged from the list of employees since the Executive has not formally informed the assembly.

Here are extracts from the report;

THAT, the Appointing Authority to layoff M/s Carolyne Buyela; Mr. Martin N. Wafula and M/s Pamela Serut for being imprest holders in contravention of the Transition Authority Circular REF: TA/2/1 dated 10th March, 2015 which highlighted that, “the position of the Chief of Staff and those of other Advisors are not a Public Service Office but political appointees and have no executive powers and cannot commit the Government in anyway especially on financial and human resources matters”. Further M/s Carolyne Buyela facilitated the procurement of the 368 tapped Jericans, 360 buckets, 20 litres of liquid Soap (50 No.) and four boxes of Bar Soap.

COMMITTEE GENERAL RECOMMENDATIONS

1. THAT, the County Executive Committee Member for Finance and Economic Planning to ensure that all monies taken by M/s Carolyne Buyela an Advisor on Special Programmes, Office of the Governor, M/s Pamela Serut – (SDU- office of the Governor) and Geoffrey Wafula totaling to Ksh. 2,328,669 is fully surrendered and compliance report be forwarded to the County Assembly within 7 days from the adoption of this report.
2. THAT, the Appointing Authority to layoff M/s Carolyne Buyela; Mr. Martin N. Wafula and M/s Pamela Serut for being imprest holders in contravention of the Transition Authority Circular REF: TA/2/1 dated 10th March, 2015 which highlighted that, “the position of the Chief of Staff and those of other Advisors are not a Public Service Office but political appointees and have no executive powers and cannot commit the Government in anyway especially on financial and human resources matters”. Further M/s Carolyne Buyela facilitated the procurement of the 368 tapped Jericans, 360 buckets, 20 litres of liquid Soap (50 No.) and four boxes of Bar Soap.

In this regard, the Committee sturdily recommends that, the Committee on Implementation to ensure compliance and that no public funds be expended on the said Officers forthwith in terms of personal emoluments from the adoption of this report.

Download report here: HEALTH Committee REPORT -CORONAVIRUS -Mitungi – FINAL COPY 10-6-2020

3. THAT, the County Executive Committee Member for Finance and Economic Planning as the Head of County Treasury to reprimand the Accounting Officer Department of Health and Sanitation pursuant to Section 156 (2) (a) of the Public Finance Management, Act, 2012 for contravening Section 156 (4) (b) of the Public Finance Management, Act, 2012 on undermining financial management procedures.
4. THAT, the County Executive Committee Member for Finance and Economic Planning as the Head of County Treasury to revoke the designation of Mr. Jonathan Namulala as Ag. Chief Officer County Department of Finance and Economic Planning pursuant to Section 156 (3) of the Public Finance Management, Act, 2012 for contravening Section 156 (4),(b) & (c) of the Public Finance Management, Act, 2012 on undermining financial management procedures; permitting an expenditure that is unlawful and not properly authorized and failure to do a written notice to the imprest holders pursuant to the provisions of Section 152 of the Public Finance Management, Act, 2012.
5. THAT, the County Executive Committee Member for Finance and Economic Planning as the Head of County Treasury to take appropriate measures to discipline the Bungoma Medical Superintendent by revoking the AIE holder status and refer the matter to be dealt with in terms of the statutory and other conditions of employment applicable to him for contravening Regulations 92 of Public Finance Management (County Governments Regulations), 2015; Section 156 (4) (b) & (c) of the Public Finance Management, Act, 2012 and Section 196(5) of the Public Finance Management, Act, 2012 for;

Related: https://ikuweikuwe.com/2020/03/29/unprocedural-transfer-of-kshs-6986000-within-county-govt-departs/

(i) Failure to approve all the imprest facility given to the nine imprest holders;

(ii) Undermining the financial management procedures and for permitting an expenditure that was unlawful and not properly authorized;

(iii) Directing the Hospital Accountant to do an act that constituted a contravention of, or a failure to comply with the Law.

6. THAT, the appointing authority to ensure a substantive Chief Officer for Finance and Economic Planning is appointed but, in the meantime, the appointing authority to invoke the powers bestowed under Section 45 (5) of the County Governments Act, 2012.
7. THAT, the Committee finds the County Executive Committee Member for Public Administration Management and Public Service culpable for financial misconduct for usurping the roles of the Accounting Officer by approving the expenditure budget of Kshs. 6,986,000 for Covid -19 awareness, approving the rebanking of the monies that were not expended by one of the Imprest Holders thus contravened the Public Finance Management Act, 2012, Section 196(5), 197 (1) (i); 198 (1) (a), (b) ;further exhibited abuse of office, gross misconduct and gross violation of the Constitution, 2010,hence be subjected to the consequences as laid down under Section 40 (1) (b), (c) & (f) of the County Governments Act, 2012
8. THAT, the County Assembly warns the County Executive Committee Member for Finance and Economic Planning to adhere to Section 111(2) of the Public Finance Management Act, 2012 and further recommends the Sectoral Committee on Finance and Economic Planning to investigate the expenditure of the Emergency Funds in the County.
9. THAT, all Public Officers in the County Public Service should be aware of the provisions of Sections 196(5)(6) & (7) of the Public Finance Management, Act, 2012, which stipulates as follows;

“(5) A public officer shall not direct another public officer to do an act that constitutes a contravention of, or a failure to comply with, this Act, the Constitution or any other written law.

Related; https://ikuweikuwe.com/2020/06/10/two-cecs-face-impeachment-over-mitungi-as-mcas-implement-report/

(6) A public officer who contravenes this section commits an offence and on conviction is liable to a term of imprisonment not exceeding two years or to a fine not exceeding one million shillings, or to both.

(7) Where a national government entity or a county government entity—

(a) engages in an action that it is prohibited from doing by this Act; or

(b) fails to comply with an obligation imposed on it by this Act, a public officer who assisted or facilitated the act, or who was a party to, or contributed to, the failure, commits an offence and on conviction is liable to a term of imprisonment not exceeding two years or to a fine not exceeding one million shillings, or to both in addition to provisions under Article 226(5) of the Constitution”

10. THAT, the Committee finds the County Executive Committee Member for Health and Sanitation incompetent and thus be subjected to the consequences as laid down under Section 40 (1) (a) of the County Governments Act, 2012 for contravening Article 183 (1) (c) of the Constitution of Kenya and Section 36 (1) (a) of the County Governments Act, 2012, for failure to supervise the administration and delivery of services and failure to manage and coordinate the functions of the County Health and Sanitation Department.
11. THAT, the County Public Service Board to take appropriate disciplinary action against Martin Wakabola Wesonga (Bungoma County Referral Hospital Accountant), Stella Puka (Imprest Holder), Kizito Nyongesa (Imprest Holder), Geoffrey Wafula (Imprest Holder), Noel Kusienya (Imprest Holder) and Simon Simiyu (Imprest Holder) in terms of the statutory and other conditions of employment applicable to them for contravening the provisions of Section 196(5) (6) & (7) of the Public Finance Management, Act, 2012.
12. THAT, the County Secretary and the Head of the Public Service to layoff Mr. Kevin Namulala for being an imprest holder in contravention of the Transition Authority Circular REF: TA/2/1 dated 10th March, 2015 which highlighted that, “the position of the Chief of Staff and those of other Advisors are not a Public Service Office but political appointments and have no executive powers and cannot commit the Government in anyway especially on financial and human resources matters”. Further the Committee strongly recommends that, the Committee on Implementation to ensure compliance and that no public funds be expended on the Officer forthwith in terms of personal emoluments from the adoption of this report.
13. THAT, the County Executive Committee Member for Finance and Economic Planning to ensure that a sum of Kshs. 5,930, 954 Million are refunded back from the emergency funds since the monies borrowed was withdrawn in reference to the emergency of Covid – 19 awareness within a period of 7 days from the adoption of this report.
14. THAT, all the Accounting Officers to strictly adhere to Regulations 42 (1) (b) of Public Finance Management (County Governments Regulations), 2015, which provides that, “An Accounting Officer shall ensure that public funds entrusted to their care are properly safeguarded and are applied for purposes for only which they were intended and appropriated by the County Assembly”
15. THAT, the County Executive Committee Member for Finance and Economic Planning, County Secretary and the Head of the Public Service and the County Public Service Board to file an implementation status report on the respective resolutions above within 14 days from the adoption of this report.

BACKGROUND & GUIDING PRINCIPLES AND LEGAL FRAMEWORK

Mr. Speaker Sir,

Vide a letter dated 29th March,2020 signed by the Hon. Tony Barasa (Deputy Minority Leader) addressed to the Honourable Speaker, Bungoma County Assembly and copied to the Leader of the Majority party, the Leader of Minority Party, the Chairperson Sectoral Committee on Health and the Clerk to the County Assembly pursuant to Standing Order No.26 & 30 of the Bungoma County Assembly Standing Orders, it was stated in the said letter that, with necessary modifications, the above cited provisions of the standing orders can apply to the Sector Committee on Health bearing in mind that the same is an extension of this Honourable House;

In this regard, the following prayer/ relief was sought; THAT, the Office of the Hon.Speaker be pleased to recall the Sectoral Committee on Health from the indefinite adjournment which took effect from the 17th March,2020 necessitated by the need to mitigate against the spread of Covid-19 also known as Corona- Virus Pandemic.

The grounds upon which the said relief was being sought was that, following a public outcry with information all over social and in the mainstream media regarding the unprocedural transfer of funds which were later expended on activities touching on Covid-19 mitigation and other financial malpractices involving(5 Departments within the establishment of the County Government of Bungoma) namely, Bungoma County Referral Hospital, the County Department of Finance and Economic Planning, the County Department of Public Administration Management and Public Service, the County Department of Health and Sanitation and the Office of the Governor in-charge of Special Programms, a matter deemed to be of urgent County importance under the meaning of Standing order No.30, where leave was then sought to have the Committee recalled from recess for the purposes of interrogating the said matter.

That the said letter was duly received by the Office of the Hon. Speaker on the 30th March, 2020.The said request was granted and the Committee on Health was recalled to investigate the matter and report its findings to the House. The Committee begun its sittings on the 30th March, 2020 in the plenary of the County Assembly to plan its activities and it did narrow down to the following public officers, among others who were then lined up for summoning and/or invitation pursuant to the provisions of Article 195 of the Constitution of Kenya, 2010 as read together with Part (v), Section 18 of the County Assemblies Powers and Privileges Act, 2017;

1. M/s Esther N. Wamalwa-County Executive Committee Member County Department of Finance and Economic Planning;
2. Mr.Richard Sabwami Keya-County Executive Committee Member County Department of Public Administration Management and Public Service;
3. Dr. Antony Walela-County Executive Committee Member, County Department of Health and Sanitation;
4. Mr. Jonathan Namulala-Ag. Chief Officer Finance and Economic Planning;
5. Mr. Patrick Wandili- Chief Officer Health and Sanitation;
6. Dr. David Wanikina-Medical Superintendent Bungoma County Referral Hospital;
7. M/s Carolyne Buyela- Advisor on Special Programmes, Office of the Governor
8. Mr. Martin N.Wafula-Advisor on Economic and Procurement Affairs, Office of the Governor;
9. M/s Pamela Serut-Service Delivery Unit (SDU)-Office of the Governor);
10. Mr. Martin Wesonga- Bungoma County Referral Hospital Accountant;
11. Simon Simiyu-Principal Liaison Officer, Department of Health and Sanitation;
12. M/s Noel Kusienya-(County Department of Finance and Economic Planning);
13. Mr. Geoffrey Wafula –
14. M/s Stella Puka-Human Resource Officer, Department of Public Administration Management and Public Service;
15. Mr. Kizito Nyongesa – Accountant, Department of Finance and Economic Planning;
16. Mr. Kevin Namulala – Personal Assistant to County Executive Committee Member, Public Administration Management and Public Service; and
17. Rev. Canon Walter Wamalwa-Chairperson, Bungoma County Referral Hospital, Management Board.

COMMITTEE MEMBERSHIP

Mr. Speaker Sir,

The Sectoral Committee on Health currently consists of the following members;

1. Hon. George Makari Chairperson
2. Hon. Meshack Simiyu Vice – Chairperson
3. Hon. Joseph Magudah Member
4. Hon. Ali Machani Member
5. Hon. Jane Chebet Member
6. Hon. Rosemary Khisa Member
7. Hon. Tony Barasa Member
8. Hon. Joan Kirong Member
9. Hon. Eric Wapang’ana Member
10. Hon. Miliah Masungo Member
11. Hon. Elvis Abuka Member
12. Hon. Jack Wambulwa Member
13. Hon. Vitalis Wangila Member
14. Hon. Peter Sindani Member
15. Hon. Aggrey Mulongo Member