Nairobi MCAs differ over extension of ad-hoc committee probing city’s declining revenue

By Editor On Feb 16, 2024

By Antynet Ford

Nairobi City County Assembly MCA’s have differed on the extension allowing the ad hoc committee on the decline of revenue collection to extend its mandate for 45 days.

The committee through its chair who is the assembly majority leader and Makongeni MCA Peter Imwatok has sought forty-five days running from February 1, 2024, to March 19, 2024, when the committee is expected to have laid their report before the assembly.

“Notwithstanding the provisions of Standing order 211 (4) (b), the County Assembly resolves to renew the mandate of Ad hoc committee by a further period not exceeding forty-five days with effect from February 1, 2024, and table the report on or before Tuesday, March 19, 2024.” The Majority leader who is the chair of the committee Peter Imwatok tabled in a motion.

Imwatok stated that they are yet to meet crucial witnesses and visit various sites whose evidence and findings are critical in the inquiry of the gaps surrounding revenue collection for Nairobi County.

The extension was however opposed to the extension of the ad hoc committee citing that it is against the standing order.

On his part, Highrise Member of the County Assembly Kennedy Oyugi opposed the extension saying even the formation was wrong because it was dealing with a matter that could be handled by the budget committee.

“Standing order 211 (4) (b) reads that an ad hoc committee will not be formed if it deals with a matter that falls under another committee. Revenue falls under the budget committee and I am on record here on Hansard opposing the formation of this committee. The extension should be opposed by my fellow members because we should not be amending laws to suit our needs.” Oyugi said.

“It is written in the law and we should go by what our guiding book ‘The Standing Order’ tells us.” He added.

Kileleshwa MCA Robert Alai on his part opposed saying that if the Standing Order bars the extension of the committee then it would only be wise to follow as it guides.

“If the Standing Orders say that the mandate of the committee cannot be extended or it may not take the role of a substantive committee it would be fair if we change the Standing Order but before we do that, it’s clear we cannot extend the mandate of the committee.” Alai stated.

MCA’s supporting the extension of the ad hoc committee mandate including Lindi ward MCA Samson Jera, said the committee’s finding will enable

“It is us who complain about allowances and not being paid on time as we are always told there is no money while it’s collected. At the end of their mandate, we will have money in our kitty.” He said.

Makongeni MCA(Peter Imwatok) urged the assembly to allow them extended time citing Standing Order 211 (4) (b) “…Ad hoc committee shall submit its report within three months and shall upon submission of the report stand dissolved…” explaining that the assembly is yet to receive their report for the committee to resolve.

Further, Imwatok cited the recent Senate committee that was investigating the deaths in Shakahola saying that as an assembly they are guided by precedents set by the National Assembly and the Senate hence they would follow suit by seeking an extension for the committee to finish investigations.

“As a county assembly, we are guided by precedents set by the National Assembly. The senate granted the committee investigating Shakahola 90 days to complete their investigations on or before July 26, 2023. The committee sought an extension through a motion adopted on August 1, 2023, and they were granted a 30-day extension to conclude their work and table the report on or before September 5, 2023. Due to the involving nature of events of October 3, 2023, the house granted a further 14 days to table their report on or before October 19, 2023. The precedent has been set by the Senate and the City-County Assembly of Nairobi has no option to borrow from the same under Standing Order 1(2).” He stated.

The committee now has 32 days left for them to table the report.

They are expected to make site visitations to the previous service providers of revenue collection in the country.

However, according to the assembly minority leader and Waithaka Ward MCA Anthony Kiragu, the committee may never have a chance to establish where the servers of the committee are and they should now focus on writing the report as they have already established no money is lost through the systems.

“The location of servers is a security issue and we may never establish where they are as it is a security threat. As a committee, we should focus now on writing the report.” Kiragu said.

The ad hoc chair still expressed hope of meeting the Ministry of ICT, head of public service Felix Koskei, former NMS boss, and former statehouse controller Kinuthia Mbugua who have snubbed them three times with the Interior and Internal Affairs Ministry directing them to contact statehouse controller and head of public service.