MPs now to approve projects exceeding Sh1 billion

National Treasury Cabinet Secretary Henry Rotich. He has opposed a resolution by MPs that will require them to approve State projects that exceed Sh1 billion. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • Mr Kenta told Mr Rotich that the ministry has no option but to abide by the resolution of the House.
  • They said taxpayers have lost a lot of money in financing projects that are not viable.

MPs yesterday clashed with Treasury Cabinet Secretary Henry Rotich over a resolution by the House that lawmakers should have a final say on projects worth Sh1 billion and above.

Appearing before the National Assembly committee on implementation, Mr Rotich said the move by Parliament contravenes the Constitution on the principles of separation of powers between the executive and the legislature.

Mr Rotich told the committee chaired by Narok North MP Moitalel ole Kenta that the resolution needs to be re-considered as MPs cannot be in the entire procurement process and still play their oversight role effectively.

“What the resolution means is that before we sign contractual agreement, we must come to Parliament. This is not practical and not in line with the Constitution and the Public Finance Management (PFM) Act. If the resolution has to be implemented as it is, we will have challenges. Let Parliament play its oversight role,” Mr Rotich said.

MISUSE

He urged the committee that while writing its report, its should appropriately advice the House that the resolution as proposed by the Budget and Appropriations Committee and adopted by the House violates the PFM Act 2012 and cannot be implemented in its current form.

Mr Rotich was accompanied by Chief Administrative Secretary Nelson Gaichuhie and Principal Secretary Kamau Thugge, among other top ministry officials.

He however faced resistance from members of the committee who maintained that the resolution was in order as it is meant to tame wanton wastage of millions paid to contractors who do not even do their work.

ACCOUNTABILITY

Mr Kenta told Mr Rotich that the ministry has no option but to abide by the resolution of the House, adding that if the ministry is facing challenges, they should seek legal opinion from the office of the Attorney-General Paul Kihara.

“You cannot hide from the law. Unless the decision is reversed, your hands are tied. The decision of Parliament was well-informed. There have been instances where you have paid a lot of money without budget,” Mr Kenta said.

“The time for using Parliament to rubber stamp your decisions is over. The only option you have now is to write to us a legal opinion citing the misgivings of the resolution then we will present it to the House” he added.

MPs Simba Arati (Dagoretti North), Godfrey Osotsi (nominated), Daniel Kamuren (Mogotio) and Joshua Mbithi (Masinga) told the minister that taxpayers have lost money funding projects that are not viable, hence the ministry must abide to the resolution of the House.