Ngilu fined Sh500,000 for ‘lying’ to senators

Kitui County Governor Charity Ngilu has been fined Sh500,000 for providing false information to a parliamentary committee despite being under oath.

The governor could face removal from office if the Senators exercise the provisions in the law.

The fine was administered by County Public Accounts and Investments Committee (CPAIC) chairman Moses Kajwang’, who is also the Senator for Homa Bay after establishing that Ms Ngilu had blatantly lied to the committee as it sat to consider the accounts of the county government for the financial year 2017/18.

SH 18 BILLION

Since she was elected as Kitui Governor during the August 8, 2017, Ms Ngilu has so far overseen the expenditure of at least Sh18 billion for the two financial years being equitable and conditional allocation from the national government.

As a procedure during the court of accounts proceedings, the auditee is required to submit in good time, responses, usually bundles of documents, explaining the audit queries as raised by the auditors so as to enable them prepare and brief the committee.

The same is also required to be submitted to the clerk of the relevant House to ensure the committee is well briefed before interrogation commences.

However, on Friday, Ms Ngilu claimed that she had sent the responses to the Senate but did not provide any proof of documentation despite being asked to do so, prompting members to constantly remind her that she was under oath and that providing false information constitutes perjury, an offence punishable under the Kenyan laws.

CONSTITUTION

“Every correspondence to Parliament is acknowledged. We are not sitting here just to tick the boxes that you appeared before this committee. When the requirement for public officers to give information is neglected, there are consequences,” Mr Kajwang said before imposing the fine, payable to the Office of the Clerk, Senate.

Section 19 of the Parliamentary Powers and Privileges Act permit parliamentary committees to impose fines not exceeding Sh500,000 if witnessed summoned does not appear or appears but fails to satisfy the relevant committee.

Section 23 of this statute notes that where a House passes a resolution that a public officer has contravened the law, the resolution of the House shall constitute a ground for removal from office in accordance with Section 181 of the Constitution. Ms Ngilu, however, has vowed to appeal the Senate’s decision in the High Court.

“Is it the untruth that we did not carry the evidence showing that we delivered the documents to you in good time? I will appeal this ruling,” Ms Ngilu said even as officers from the Office of Auditor-General confirmed to the committee that they had not also received the county government’s response.

“For the purpose of this meeting, Mr Chairman, we have not received any documentation from Kitui County Government,” the auditors said.

FALSE INFORMATION

Section 62 (1) (c) and (d) of the Public Audit Act provides that a person shall not submit false or misleading information, misrepresent to or unknowingly mislead a member of staff of the Office of Auditor-General.

Subsection 2 says that a person who contravenes this provision commits an offense and is liable on conviction to a fine not exceeding Sh5 million or to imprisonment for a term not exceeding three years.

“Your failure to comply is what has necessitated this. We cannot effectively interrogate this document. This is an ambush, Mithika Linturi, the CPAIC vice Chairperson, said as Kiambu Senator Kimani Wamatangi and their Kitui colleague- Enoch Wambua dug in.

“The rule perjury applies even on the quasi-judicial siting like ours. What example shall we be setting to the other governors if this matter is left to die just like that?” Mr Wamatangi posed as Mr Wambua, a critic of the governor added; “these are weighty matters and the people of Kitui deserve justice over the expenditure of the public funds allocated to them.”