MPs want Khadijah Kassachom surcharged over Sh93m
Public Accounts Committee chairman Opiyo Wandayi addresses the media at parliament buildings on October 24, 2018. The committee wants former PS Kassachom surcharged over the unlawful spending of Sh93 million. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP
Former Health Principal Secretary Khadijah Kassachom should be surcharged over the unlawful spending of Sh93 million meant for the upgrading of facilities at Othaya Sub District Hospital, a parliamentary committee has recommended.
The National Assembly Public Accounts Committee, in a report tabled in the house on Wednesday morning, wants Kassachom to explain to the auditor-general the wasteful expenditure of government funds contrary to the Public Finance Management Act, 2012.
EXPLANATION
The report, prepared for the 2014/2015 financial year and covering all ministries, state departments, commissions and independent offices, has given the former PS three months to provide an explanation.
“Where no satisfactory explanation is provided to the CS National Treasury and Auditor General within the stipulated time, Ms Khadijah Kassachom should be surcharged with Sh93,541,451.45 being expenditure incurred without lawful authority pursuant to the provisions of section 202 of the Public Finance Management Act, 2012,” reads the report tabled by committee chairman Opiyo Wandayi.
Although Ms Kassachom was transferred to the Ministry of Labour by President Uhuru Kenyatta, the Constitution states that she will still be held accountable if she fails to provide an explanation to the auditor general.
Article 226(5) of the Constitution states that “If the holder of a public office, including a political office, directs or approves the use of public funds contrary to law or instructions, the person is liable for any loss arising from that use and shall make good the loss, whether the person remains the holder of the office or not’’.
Further, Section 68 (1) of the Public Finance Management Act, 2012 provides that “An accounting officer for a national government entity, Parliamentary Service Commission and the Judiciary shall be accountable to the National Assembly for ensuring that the resources of the respective entity for which he or she is the accounting officer are used in a way that is lawful and authorised, and effective, efficient, economical and transparent.”
According to the report, the Ministry of Health awarded a contract for the upgrading of facilities at Othaya Sub District Hospital to a local construction firm at a cost of Sh436,300,798.80, later increased to Sh501,745,918.50. The timeline for completion was initially 85 weeks but was extended to 123 weeks with new completion date being 25 October, 2012.
