The National Assembly Public Petitions Committee today cross-examined the Consumer Rights Defender, Mr.Stephen Mutoro on his petition regarding funds spent by the former administration without the approval of Parliament.

Mr Mutoro had petitioned the House to investigate resources utilized by the National Government in violation of Article 223 of the Constitution that was executed by the Controller of Budget.

During his introductory statement in a session chaired by the Committee’s Vice Chair, Hon. Janet Sitienei (Turbo), Mr. Mutoro asserted that the Controller of Budget is not as blameless as she may be suggesting. He also underscored the Committee’s authority to bring about reforms that benefit the citizens of Kenya.

“Ms Nyakang’o isn't a whistleblower, she has a responsibility to Kenyans as much as Mr Yatani. We have had numerous scandals in this country, this will be a Ukur-Nyakang'o scam. This committee has the power to address miscellaneous legislation, tax evasion, mismanagement of Standard Gauge Railway and other impunitive contexts,” Said Mutoro.

He proceeded to engage the committee on whether the supposed fraud would have occurred if the Controller of Budget had been resolute in safeguarding her Independent Public Office. Mr. Mutoro highlighted that despite Kenyans' willingness to expose wrongdoings, there is no mechanism in place to shield them from the repercussions that may ensue.

When asked by the Chair if he believed that Ms. Nyakang'o should be held accountable, the Petitioner maintained that it was the Controller of Budget who failed to carry out the required procedures to safeguard her office against compromise.

“Once you compromise yourself to one shilling, the rest falls into place. Did she report the matter that she was under duress to any Police Station? Did she write to the EACC on the matter? Did she resign? Did she counter check Mr Ukur’s instructions?” wondered Mr Mutoro.

The Petitioner argued that independent commissions should be disbanded if an official of an independent office can succumb to external pressures. To support his argument, Mr Mutoro placed a case before the committee to form a Judicial Commission on Inquiry to help curb such instances from public offices. 

Turbo MP Sitienei sought to know how accountability can be achieved to enhance prudence and transparency that the petitioner was requesting for.

In his response the Petitioner recommended the enhancement of Chapter Six of the constitution, formation of a Judicial Commission on Inquiry, de-politicization of the public service and the amendment of the Miscellaneous Amendment legislation.

Additionally, Mr Mutoro called on the House to recall all laws on taxation as they are being violated by respective stakeholders.

“This committee has the power to give a recommendation to the House to recall all taxation laws. The subsidiary legislation is being violated as everyday new levies are being introduced. You give Kenya Revenue Authority powers and they are exploiting it. Kenyans are shouldering these costs. The cost of living is a nightmare,” said Mr Mutoro.

Submitting his prayers, Mr. Mutoro urged the Committee to give priority to amending Article 223 of the constitution, reconsider the length of service for independent offices, decrease the authority of the President in appointing officers for Independent Offices, and pass a law that holds individual public servants accountable for funds lost under their docket.

The Public Petitions sessional chair assured the petitioner that the matter will receive a fair and just assessment before submitting the report to the House. 

“We are mandated to listen to you, make a report to the House and give recommendations. We will address the matter and ensure that moving forward, no shilling is lost in line with the recommendations of our report,” said Hon. Sitienei.