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Daily Nation : February 26th 2014
DAILY NATION Wednesday February 26, 2014 MAKUENI | Payment made through imprest Query raised as Sh4m spent on two toilets Transaction said to have been made without competitive procurement BY ISAAC ONGIRI @ongiri2 email@example.com T he Makueni County government is on the spot for spending Sh3.8 million to build two toilets. The Auditor-General has also raised questions over the conduct of the transaction, made through an imprest paid to a cashier at the council. “A cashier was issued with an imprest of Sh3.8 million through Sh3,839,716 vide cheques No. 2214 of Sh1,919,858 and No. 2219 Sh 1,919,858 in the month of March 2013,” an audit report revealed. It further states: “As re- flected in the cash book, the imprest was for the construction of two washrooms. The payment vouchers vide which the imprest were surrendered were not made available for audit purposes.” The transaction, undertaken days before County Governor Kivutha Kibwana took oath of office, is reported to have been made without competitive procurement. The report reveals that pay- NAIROBI Lawyer in Kanyotu’s succession row thrown out of court for second time BY NATION CORRESPONDENT A judge threw out a lawyer representing former spy chief James Kanyotu’s company. Justice Luka Kimaru threw out Mr Odhiambo Adala for the second time in two weeks and declined to hear his plea that the judge disqualify himself from handling the matter. Mr Adala had said the judge was unfair in his handling of the succession case and that he has been frustrating Kawakanja Limited, a company that was owned by Mr Kanyotu, to appeal a ruling he delivered last year. Instead of hearing the ap- plication, the judge ordered the lawyer out and declined to proceed with the matter. Mr Justice Kimaru in No- vember last year put on hold the succession battle pitting Mr Kanyotu’s two widows over the management of his Sh15 billion estate and gave the beneficiaries two months to settle the dispute out of court. However, his son Christopher Kanyotu through Kawakanja sought to appeal against the ruling and applied for copies of the proceedings. Mr Adala said that when he sought on several occasions to be provided with copies of the proceedings, he was told by registry officials that the file was in the judge’s chambers. “It is on these grounds that the company is apprehensive it will not find justice before the judge since his conduct shows he has taken a personal approach to the succession case,” said Mr Adala. He added that the judge first threw him out of his court on February 10 for asking why he was withholding the file. The application for Justice Kimaru’s disqualification was supported by Christopher Kanyotu who swore an affidavit stating that he has witnessed the judge’s hostility towards them and that judgment would not be fair if he was allowed to continue handling the matter. “Having personally observed The company is apprehensive it will not find justice before the judge since his conduct shows he has taken a personal approach” Lawyer Odhiambo Adala the conduct of the judge, it is clear he has taken a personal approach and it would be only fair and just if he recuses himself and lets another judge take up the case,” he said. Mr Adala also attached a letter he wrote to the Judicial Service Commission alleging that Justice Kimaru verbally abused him and called him “useless”. 4.1bn ‘‘ attention of the procurement and oversight authority,” says the report. The report, signed by Au- Amount, in shillings, spent on goods that were never delivered ditor-General Edward Ouko, says although a site examination revealed the existence of the two expensive en suite toilets, it was not possible to establish whether value for money was obtained. The county government With no technical drawings, costed bills of quantities ... it was not possible to establish how the cost of each washroom was determined” Audit report ments to the contractor were made in cash. The materials were directly procured on a cash basis. “With no technical drawings, costed bills of quantities and supporting schedules of materials, it was not possible to establish how the cost of each washroom was determined at Sh1,919,858. In addition, there was no justification of direct procurement and the same was not brought to the claimed that the construction of the toilets was an urgent matter, leading to a decision to undertake direct procurement. Apart from the questionable procurements involved in the construction of the two toilets, the audit report also revealed that the county government spent Sh4.1 million to purchase goods that were never delivered to the council. The payments were made to cater for capital projects and labour costs. But when auditors toured various sites on August 29 and September 2 last year they found nothing at the site. “The building materials allegedly delivered on site were, in fact, not delivered. In fact, no labour costs were really incurred by the former county council of Makueni,” says the reported stated. The audit discovered that: “The certificates of completion issued by the committee of inspection and acceptance were therefore falsified”. SULEIMAN MBATIAH | NATION Residents at the scene of an accident where a woman was killed after a garbage truck crashed into a kiosk at Kabtebwa slums in Nakuru County yesterday. Witnesses said the lorry driver jumped out of the moving vehicle after a heated argument with a police officer on board before it crashed. NAIROBI Waititu case against Kidero’s win delayed BY NATION CORRESPONDENT An appeal case filed against Nairobi Governor Evans Kidero failed to start yesterday after he complained that his rival, Mr Ferdinand Waititu, had not presented complete records. Dr Kidero (right) was given more time to file supplementary statements on what he says Mr Waititu left out in the original appeal. But Mr Waititu’s lawyers, senior counsels Paul Muite and Harrison Kinyanjui said “we believe we filed everything.” They said they were apprehensive about the election petition deadline which lapses in April but did not object to an adjournment. “We are waiting to see what the respondent says we left out but we will not be replying as we believe we filed everything ... let the parties be granted an adjournment on consensus so that we may address the court conclusively when we reconvene,” Mr Muite said. A three-judge bench or- dered Mr Kidero to file his new submission in seven days. Mr Waititu wants a High Court judgment that handed Dr Kidero victory in the March 4 polls overturned on grounds that an oral pronouncement made on the day contradicted what was written later. County News 19 TRAGEDY |Woman killed in crash BRIEFLY HOMA BAY Ward rep protests after man killed by hippo A man was killed by a hippo at his farm yesterday. Mr Philip Juma Opedhi was attacked by the beast at Rusinga island. Area ward representative Michael Ooro has taken issue with the KWS officials over their failure to protect residents. In the last three months alone, four people have been killed by animals, he said. But local KWS Tom Sipul accused locals of farming near the lake. BUSIA Plant other crops, rice farmers advised Rice farmers in the Bunyala Irrigation Scheme have been asked to practise crop rotation to address declining soil fertility. National Irrigation Board regional manager Joel Tanui said farmers should plant maize and legumes as an alternative to rice to increase soil fertility. Mr Tanui noted that production in the scheme had decreased due to infertility. He also revealed plans to introduce high yielding rice. KISUMU Water supply to police stations disconnected Water supply to five Kisumu police stations has been disconnected over unpaid bills, sparking fears of a crisis. Kisumu Water and Sewerage Company disconnected supply over a Sh4.3 million bill. Kiwasco head of commercial services Frank Ochieng said that the bill had accumulated since November. However, Kisumu OCPD Musa Kongoli said he would take the necessary action to ensure the bills were paid. MIGORI Abortion-bid girl in critical condition A Form Four student is fight- ing for her life at a hospital after attempting to procure an abortion. The 18-year-old girl, said her boyfriend, who is also a student, introduced her to quack doctors to procure the abortion in Awendo Town. The boy abandoned her when the process became complicated. County’s Health executive member Iscar Oluoch said abortion cases were on the rise. NAKURU Traders to pay fees via county bank accounts Traders in Nakuru will now pay permit fees through the bank, Nakuru County’s Executive committee member for finance and planning Francis Mathea said. This is in an effort to curb corruption. After paying to the banks, traders will be required to take the bank slip to the sub county offices. Traders will be required to deposit their money in Equity, Cooperative, Family, National or KCB banks.
February 25th 2014
February 27th 2014