Governor Kihika and CS treasury Ndungu fined Kes. 500,000 by Senate for failing to appear before the committee

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The committee was set to engage with the esteemed Council of Governors (CoGs) Chief Executive Officer, Ms. Mary Mwiti, and the meeting with the Cabinet Secretary of the National Treasury.

LAPFUND which is the Defined Contribution Scheme registered and regulated by the Retirement Benefits Act of 1997 and Subsequent Regulations. We are a State Corporation established in 1960 by an Act of Parliament Cap. 272, Laws of Kenya. We operate in accordance with the County Governments Act 2012 (section 132).

LAPFUND caters to all employees of County Governments and Water Companies, where Members contribute 12% while the Sponsors contribute 15% of the Member’s gross salary (basic salary plus house allowance).

Having been established in 1960, LAPFUND is one of the oldest retirement benefits schemes in Kenya.

Currently, LAPFUND enjoys a membership of over 70,000 members spread over all County Governments and Water & Sewerage Companies.

The committee invited both the governor and the CS Treasury on disbursements of funds to counties and the progress so far amid the budget reading this year where the CS is accused of failing the LAPFUND.

CS treasury failed to appear before the committee saying he was held in a meeting for the interest of the public through a text message confirmed by ?????? committee Chairperson Sen Godfrey Osotsi, saying he will not appear in Parliament because he is working for the budget delivery.

Deputy Chair to the committee who is Kisumu Senator Hon Tom Ojienda urged to adopt the reprimand of the CS and he says the CS must adhere to the demands.

Sen. Kisang William Kipkemoi on his side he said that CS has not communicated about the disbursements of funds to counties, and he should be reprimanded for the action.

Sen. Olekina Ledama says that the CS requested to be excused from today’s committee to be able to attend to a technical budget formation ongoing but he opted to say that matters county matters a lot.

“I don’t give a hoot in hell on matters of the national government, I’m concerned on matters counties” Sen. Olekina Ledama.

Sen Olekina further insisted that funds must be disbursed to counties as fast as possible to facilitate the stalled projects of the people sending a tough warning to Governors who abscond the invitations saying that going forward the committee will impose all the legal actions provided in the constitution including the issuance of arrest for that absconding.

The Legal advisor to the committee advised the committee to issue a letter to him saying that the content of the letter should involve matters of urgency to the public.

Council of Governors Chief Executive Officer (CEO) Ms. Mary Mwiti after failing to respond officially only wrote a text to the clerk of the committee but the committee through the chairperson advised to respond by a letter of disappointment.

Sen. Olekina said that it’s a questionable matter of sending the message to the clerk instead of the Chairperson to the committee.

Hon Mutinda on her part who is also a member of the committee said it’s saddening and disappointing for the CEO of COG to write a personal message and assume has communicated to the committee as a matter should be taken seriously and adhered to at all times whenever county bosses are invited to appear before the committee.

Sen. Olekina urged the Chairperson to impose and use the law set by the committee and the constitution to fine and dispense the heavy fine of Kes. 500,000 which Sen Osotsi did and directed the CS Treasury Prof. Njuguna Ndungu.

During the ongoing meeting, Sen. Osotsi disclosed to committee members that the CEO of COG, Ms. Mary Mwiti had spoken to Sen. Ojienda informing them about her feeling unwell.

“Governors should take the work of the senate seriously because we’re not here to victimize them, governors, we’re here to defend and protect devolution. When we invite the it’s not dishonoring them or intimidating them.” Sen. Hon Godfrey Osotsi.

Hon Osotsi reflected the failure of the Nairobi governor, Hon Johnson Arthur Sakaja who had told the committee earlier when was summoned that he was not within the country only to be seen the following weekend in Kasarani cheering the AFC football match.

“Sometimes it’s not very fair for this committee, that we invite a governor and he tells us he is out of the country, you rem what happened with the governor of Nairobi?- he told us he is out of the country, the previous weekend was cheering the AFC versus Gor-Mahia match in Kasarani.

Osotsi further pointed out Nakuru Governor, Hon Susan Kihika who excused herself citing that she was not in the country only to be seen the following day attending a public event with the Deputy President in Nakuru.

Govnor Susan Kihika was fine Kes. 500,000 too as she was directed by the committee to appear on the 4th of July, 2023  Osotsi confirmed it was a unanimous and collective summon from the committee.

“In the case of the Nakuru governor a day after her failure to honor the summon she was seen in a public function with the Deputy President Rigathi Gachagua in Nakuru, these are things that are really demeaning to the committee of the senate and that’s why the committee has made a decision   that we must finalize the matter of summon and issue fresh summon on her to appear”