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Why Governor Waiguru was acquitted by the Senate

Of the 12 tenders listed in the Motion, the County Assembly only prosecuted four of them.

“Of the four tenders prosecuted, the Committee notes that there was clear mismanagement of the tender process where tenders were awarded to Companies whose bids were not responsive or where there were clear cases of conflict of interest,” said the report.

According to the committee, the specific tenders in question included tender for the design, development, installation and commissioning of integrated hospital 86 management information system.

In this tender, the committee said full payment was made long before the User testing was done and further, the company awarded did not meet the qualifications prescribed in the tender documents.

With regards to the proposed waterworks for Mwea-Makima water project, March 2018, the tender was awarded to Eva Trading Agencies Limited which was clearly owned by a member of the family, specifically the brother to the Accounting Officer who awarded the tender with no declaration of interest.

“In the circumstances, the Committee recommends that investigatory authorities undertake investigations on the same and the culpable officers including the respective Tender Evaluation Committee members be called to account,” the report said.

Malala while tabling the report before the Senate said the Committee found that the allegation was not proved and is therefore not substantiated.

The MCAs said Waiguru violated section 46 of the Public Procurement and Asset Disposal Act, 2015.

But the evidence adduced before the Committee showed that the respective tender committees were by law established by the respective accounting officers.

Malala said there was no evidence linking the Governor with the establishment of tender evaluation committees.

“The Committee therefore finds that the allegation was not proved and is therefore not substantiated,” he said.

 With regards to allegation of conferring a benefit to a public officer, Malala said the evidence adduced established administrative malaise in the management of imprests in Kirinyaga County.

“The Committee first took great exception to the County Assembly for listing twelve imprests paid to the Governor and alleging that the Governor was issued with imprest but never travelled or surrendered,” he said.

He added, “The County Assembly on prosecuted two of the alleged travels. The Governor adduced evidence of the travel and where travel was not undertaken, the imprest was surrendered though out of 87 time”.

Malal said the Committee observed that accounting officers must adhere to the Public Finance Management Act, 2012 which require imprests to be surrendered with seven days and in the event of delay, the refund should be made with interest.

“The Committee finds that this allegation was proved but does not amount to an impeachable offence,” Malala said.

With regards to disregard of the recommendation of the County Public Service Board regarding remuneration of members of the Board of Kirinyaga Investment Development Authority (KIDA), payment of KIDA Board members outside the IFMIS and County Government Payroll, and payment of imprest amounting to more than fourteen Million paid to Mr. Francis Muriithi Kariuki, Malala said evidence demonstrated that payment was made in accordance with Salaries and Remuneration Commission circular on Payment of allowances to Boards and Commissions.

He said as a result, the committee found that this allegation was not proved and therefore not substantiated.

On allegation of violation of the Right to Health of the people of Kirinyaga County, the Malala team said evidence adduced established that there were significant systemic problems in the health sector in Kirinyaga that can be addressed by various organs including the County Assembly and National Government institutions.

“The Committee further notes the high turn-over of health workers in Kirinyaga County and the inordinate delay in the payment of health workers who pursuant to the Governor’s moratorium, resumed work. This issue should be addressed forthwith,” he said.

Malala said his team found out that this allegation was not proved and therefore not substantiated.

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