Controller Of Budget Should Step Aside For Breaking Her Contract

A specific category of organizations known as Constitutional Commissions and Independent Offices is established by the Constitution. They are in charge of carrying out particular duties that the Executive arm of government, which had been misused under the previous constitution, couldn’t be trusted with.

These duties include police and judicial appointments, budget allocation and approval, election administration, financial audits, human rights protection, and land adjudication. The Judicial Service Commission, EACC, Human Rights Commission, Auditor General, and Office of the Controller of Budget are among the 14 organizations listed in Article 248. (COB).

The COB is responsible for directing the execution of the national and county governments’ budgets, in accordance with Article 228 of the Constitution. Thus, before authorizing any withdrawal of cash, the COB must first ascertain its legality. They promote responsible financial management in the public sector generally. The COB not only keeps an eye on how public money is used, but also informs Parliament of its actions.

Days before the general election of last year, Margaret Nyakang’o, the COB, admitted to Lawmakers that she had been forced to authorize improper public payments totaling Sh15 billion. She further asserts that Ukur Yatani, the former secretary of the Treasury Cabinet, ordered her to facilitate approvals for infrastructure projects worth Sh8 billion and Sh2 billion on August 4, 2022. She claimed that in order for the National Treasury to authorize Sh9.2 billion, she was “forced” to do so.

She asserted that Mr. Yatani had coerced her into approving Sh6 billion to cover Helios Investment’s departure from Telekom Kenya. If she didn’t comply, he threatened to have President Uhuru Kenyatta call her personally.

In July 2022, her office gave the Lamu-Ijara-Garissa road rehabilitation project a Sh2.8 billion approval. The National Treasury utilized Article 223 to authorize the additional money after the Sh4.8 billion budget for the Nairobi Eastern By-Pass and the Sh1.85 billion budget for the Makupa Causeway were approved.

Article 223 permits the government to spend monies that have not yet been appropriated if the Appropriation Act does not provide enough money for expenditures or a new necessity for expenditures for a purpose for which the Act has not given an acceptable amount arises. The money must be taken from the Contingencies Fund, which is another condition. To finance the Sh9.2 billion project, Mr. Yatani allegedly used the Annuity Fund rather than the Contingencies Fund. This flagrant breaking of the law.

Her testimony in front of the public shows that she disregarded the one legal obligation to oversee budgets and spending. Her admission has damaged the institution’s standing in the eyes of the general public and distorted the goal of budget control. Article 248 of the Constitution states that independent constitutional commissions and offices, like the one she leads, are created to safeguard the sovereignty of the people, guarantee adherence to democratic ideals, and advance constitutionalism.

She is protected by our constitution because she runs a separate office. She is therefore often removed from office by a tribunal similar to the one led by Justice Aggrey Muchelule that recommended the removal of IEBC Commissioner Irene Masit, despite being paid from the consolidated fund and enjoying tenure security. By doing this, it is made sure that persons in charge of commissions and independent offices can oppose the administration.

The admission of Nyakong’o should prompt immediate criminal investigations into everyone who is allegedly using their positions to disobey the law. Nyakong’o should resign right away, though, for caving to pressure and allowing our money to be stolen.