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Kenya Kwanza Alliance: The Dead and Buried BBi Bill, Auditor General Must Take Forensic Audit

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THE DEAD AND BURIED BBi BILL:- WHY THE AUDITOR-GENERAL MUST NOW UNDERTAKE A FORENSIC AUDIT ON THE MISUSE OF PUBLIC FUNDS

Dated Friday, 1stApril, 2022

1.0 BACKGROUND

  1. The Supreme Court of Kenya (SCOK), the apex court of the Republic of Kenya under Article 163 of the Constitution has today, Thursday, March 31, 2022, declared NULL and VOID the Constitution of Kenya (Amendment) Bill, 2020 popularly known as the Building Bridges Initiative (BBi) Bill. While we loud the brave decision of a majority of the men and women at the highest Court of the land, it is not lost on Kenyans the colossal sum of money spent by the promoters of this unconstitutionality.
  2. We are aware that the Building Bridges Initiative (BBi) taskforce spent approximately Ksh. 10 billion of public money in hotels purportedly for collecting public views on the now declared unconstitutional “BBi Bill 2020”. Further, we are aware that some Accounting Officers particularly violated the provisions of Section 66 (1) (a) of the Public Finance Management Act, 2012 by using public funds to finance the hefty expenses associated with the popularization of the BBi initiative.
  3. It is important to note, that the public funds used in the unconstitutional process were not appropriated by the National Assembly for that purpose but were rather an illegal diversion of public funds by some Accounting Officers who decided to use their Offices to finance politics contrary to the Constitution and the Public Finance Management Act, 2012.
  4. We wish to remind the Principal Secretaries and the Accounting Officers who misused their offices in diverting public funds to the BBi initiative, that they are accountable to the public for their illegal decisions and actions as per Article 73 (2)(d) of Chapter Six of the Constitution. Further, Article 226 (5) of the Constitution states clearly that if the holder of a public 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.

2.0 AUDIT OF THE BBi BILL

  1. Article 201 (d) of the Constitution on the principles of public finances requires that “public money shall be used in a prudent and responsible way”. While the Supreme Court has decisively dealt with the unconstitutionality of the BBi circus, the determination of prudence in the use of public funds in the illegality is placed under the ambit of the Auditor-General as per Article 229 (5) of the Constitution.
  2. Section 37 of the Public Audit Act 2015, the Auditor-General , upon request by Parliament is required to conduct forensic audits to establish fraud, corruption, or other financial improprieties. Our Members at the National Assembly are moving a motion compelling the Auditor-General to undertake a forensic audit on all public funds spent in the illegal process from inception to date.
  3. It is now clear the illegality and fraudulent dictation to Kenyans, of an illegal process that has cost the Kenyan government huge sums of money. Funds, that ideally should have been channeled to other urgent needs of Kenyans, is now well manifest in AZIMIO charades.
  4. It is evident that the same arrogance meted upon Kenyans on BBi is well coined in AZIMIO where public funds are now openly being used to fund AZIMIO campaign activities. Time has come for change, the said change can only manifest through the ballot. Kenyans must reject the disrespect being advanced to them by those seated in higher offices.
  5. We in Kenya Kwanza Alliance, reiterate our commitment to stand with the Judiciary. We salute the brave women and men who braved the odds of the day and delivered a judgement well coined within the law and more specifically for standing with Kenyans. It is important to note, that BBi as crafted would have cost Kenyans an upward of an additional Kshs. 565 billion annually to implement. We loud the judges for upholding the rule of law and sanctity of the Constitution. We reaffirm our resolve to actualize Article 173 of the Constitution on the Judiciary Fund. We applaud the Supreme Court for standing together with the people in their commitment to jealously guard and defend the sanctity of the constitution. We are therefore reminded that, –

“It is apparent that the people are the rightful masters of the cause, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.’ Time is nigh, for the Kenyan people to send the handshake brothers home.

It is clear that the handshake “Reggae’ has been stopped and time for the Kenyan People to be serenaded with the tunes of changing the economy, the tune capsulated in the new dance, the dance to make Kenya a safe haven for all, a just society and one that each Kenyan has their dignity intact and takes pride in.

We in KENYA KWANZA are committed to lead Kenyans to dance to the new tune. We are committed to ensure each Kenyan has their dignity intact. This can be realized through the blue print that does not neglect the down trodden and ensures all Kenyan’s have money in their pockets.

GOD BLESS KENYA

KENYA KWANZA ALLIANCE

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