Isiolo county historical exposure

By Abraham Kiplangat Mutai (@ItsMutai )
PREAMBLE
For the first time in the history of Kenya, the
public is keen in participating in policy and
legislative development as well as holding
leaders accountable as opposed to the past
where citizens were mere recipients of laws
and Isiolo County Government is not an
exception to this. Unlike the past when Isiolo
was County was both inaccessible and rife
with banditry, the road to the Isiolo, through
picturesque Mt. Kenya, is a joy to experience.
As for safety, the County trumps most of
Kenya and one can traverse the entire expanse
of the County without a worry. Secondly, the
people of Isiolo are extremely hospitable. They
share from their obvious material paucity with
humbling abandon. Nonetheless, Isiolo County
is in dire need of proper governance and
capacity building in legislative development
which continues to derail all functions at the
county level
DEVOLUTION ON THE ROPE IN ISIOLO
COUNTY
Reality of Isiolo County Governance is tossing
out spontaneous unexpected scenario. It will
certainly shift in the way we relate to each
other and do business of politics in Isiolo
County. Quality leadership matters. Isiolo
County Government team is effectively
suffering under burden of untried political
leadership. People expect their lives to leap
forward, social relations to improve and
negative politics disposed. The team opposing
current leadership made one point clear.
Dread. Fear –it is horror, run away.
There is now more confusion than light,
disorder at County Offices, deceit on past
relations, lack of information and growing
elusion. Things were not going in the right
direction from onset, early intervention was
sabotaged; and justice crawled in the woods
Isiolo County government is real theatre of
absurd; Management by chaos, pressure on
establishment and strain to the limit of
governance and social structures. Everything
seems to work through a chaotic process and
behind schedule. People’s expectation and
dreams were shuttered. Tribe, Clan or Sub
clans’ talks are the order of the day. Court
sanctions, Court injunctions are daily affairs.
Isiolo the County Assembly which is mandated
to do oversight on the executive,
representation of people and making of County
Bills have performed miserably due to
persistent political patronage by the Executive
arm of the county government. The buck stops
with the measure of wisdom and ingenuity of
the County leadership.
The County leadership hides and influence the
public views behind curtain, ethics and social
relations flow through resistant mode and
manipulations. Change becomes slow and
invisible. Any shifts that happens break lose
rapidly and become erratic event.
Governance institutions often respond in
single rigid way, leaders expose weaker side of
human face, new rules are set to enhance
exclusion, transformation path is obstructed,
unmanageable stress become order of the day,
social order is exposed to series of crisis that
open path to conflict and violence. The
pressure on system and structures break
down. New path open to scare-free for all.
Disorder and stalemate takes centre stage.
This grossly prejudices the ability of officers to
deliver on their responsibilities. Even more
worrying for past two years, the assembly had
only passed one Bill (Isiolo County
Appropriation Act) . The County Assembly
however, managed to make trips to inter alia
Japan and the Emirates.
Another worry was the low expenditure on
development by the county. In the last
published report by the Controller of Budget,
the entire resources in the county were spent
on recurrent expenditure, with no monies
going to development. There are structural
challenges that counties generally encounter
on expending on development but we would
have expected Isiolo, being a county in so
much need of development, to seek innovative
avenues for absorbing development
expenditures. This has happened in counties
like Bomet, which during the same season had
expended 41 per cent of their revenue on
development!
The other worrying thing in the county was the
continuation of the marginalization discourse.
Despite the county being the second highest
recipient of revenue per capita, the citizens
and indeed some leaders still engage in
marginalization narrative with the same vigor
as that prior to devolution. Granted, Isiolo has
been marginalized for long and even ten years
of devolution will not erase the impact of
marginalization. But the cure for
marginalization must start with the county
using the funds it has been allocated
innovatively and prudently.
Whereas, it is unforgivable for any county, or
indeed the national government to spend the
bulk of its resources on wasteful expenditure,
for needy and previously marginalized
Counties like Isiolo, to waste this rare
opportunity to erase the injustices of the past
through waste is almost criminal.
Finally; the minimal investment in education
in this county leaves a lot to be desired.
Granted, education is a function of the
national government. The county government
must however look for more ways to raise the
education standards of Isiolo if this county is
to emerge from its dark past, bottom line.
Devolution has presented an opportunity for
Kenya to correct its past misdeeds, if the new
leadership of the counties does not exploit
these opportunities and instead invest their
time in unnecessary drama and showbiz, it
will be the worst betrayal of a desperate
public.
CURRENT STATUS AT PLAY IN ISIOLO
COUNTY
There is a need for an extensive community
awareness and participation to usher in
county government and resort city project
through stakeholders sharing ideas, views
and setting common goals.
Isiolo county has an economic potential
but was ranked as among the worst towns
to do business in and its time that
stakeholders come together to identify the
core problem hindering business growth,
enterprise development and why investors
are shying away.
The roles of different sectors in promoting
economic growth especially those that
facilitate the growth of dependent sectors
are not well defined and are not up to task
to pave way for economic empowerment of
local people.
There is a missing link between community,
public sectors, Non- governmental
organization and corporate sectors to
collaborate and spearhead common agenda
for development and growth.
There is lack information among small
business owners that resulted to many
people closing their businesses after few
months, therefore there is need for relevant
sectors to provide training on enterprise
management, micro-finance initiatives to
help them grow.
Isiolo town need strategic business hub
oriented strategic plan to promote missing
business diversity among the business
community.
MALFEASANCE AND FINANCIAL IMPROPRIETY
Kshs 62 Million was given to Isiolo County
Government by the Transition Authority
from April-June, 2013 which was meant for
the establishment of County government
offices. The fund was grossly misused
without any due tendering process hence
flouting Public Procurement procedures
(Public Procurement and Disposal Act,
2013.
Arbitrary hiring or leasing of private
vehicles by the Governor and the Deputy
governor from their close ally in the name
of one Abdi Viazi at the rate of Kshs
25,000 per day after election till to date.
The Deputy Governor hires his own vehicle;
Nissan Navara double cabin at the rate of
Kshs 10,000 per day.
Refurbishment of County offices furniture
through donation from the Turkish
Government via their Kenyan Embassy but
information from reliable sources had it
that County money was used to pay for the
same donated items which can be found on
the website of Turkish Embassy.
GREY AREAS IN THE SAID FULLY PAID
PROJECTS (FINANCIAL YEAR 2013/2014)
1. Murraming of roads within Isiolo town was
single sourced by the Executive for Finance
who happens to be sister in-law to the
deputy Governor at a whopping Kshs 20
million to Shibli Construction Company
owned by the family of Deputy Governor.
This project was never advertised, no
procurement procedures was adhered to
and it was over inflated.
2. Proposed hydrological studies was not
advertised, there was no public awareness
& participation if it all it was carried out.
The report of the alleged studies was never
shared out to the members of the Public.
The cost of the said studies was Kshs
6,972,000
3. Malka-daka Mogore road was done at a
cost Kshs. 200,000. This road is located in
Isiolo South Constituency and does not
require any upgrading. It was properly
murramed previously through Isiolo South
Constituency Development Fund kitty
before 2013 General election. This project
was never advertised and it was done
through single sourcing. The cost of the
project was extremely over-inflated
4. Installation of KVA stand by Generator was
done at a cost of Kshs 6,897,000. Just like
other projects, it was never advertised and
proper procurement procedures was never
followed.
5. Handling of area for fisheries was done at
a cost of Kshs 751,622. This project was
never advertised, procurement procedures
was never adhered to and it had no
sustainable impact on the lives of the
people.
6. Renovation of Livestock Marketing
Department was done at a cost of 650,000.
It was never advertised and no procurement
procedures was followed.
7. Murraming of drive way and park area at
the County office was done at a cost of
Kshs 675,000. It was never advertised.
Interestingly, it the County office yard was
carpeted at an unknown amount.
8. Consultancy for Environmental Impact
Assessment was done at a cost of
4,184,700 Million. There was no advert, no
competitive bidding, no citizen
participation and the alleged concluded
report was never released to the public.
9. Award the improvement of Isiolo township
car parking bays at a cost of Kshs
19,380,109 Million. This project was single
sourced and it was given to the cronies of
the Governor. The job was shoddily done
by cowboy contractors.
10. 8 Second hand tractors with plough (Kshs,
30, 000,000 Million) and 5 ambulances
(Kshs 29,667,000) The said tractors and
ambulances were donated to the Isiolo
county government by USAID and UNDP
and a colossal sum of money was
withdrawn from the county exchequer for
purchase of the same donated items. To
date those tractors have not been utilized
and are at the parking yard of the County
government offices. All the ambulances
have broken down.
11. Kshs 121 Million meant for famine relief
was approved by the County Assembly. The
tender was single sourced and it was
awarded to the famous crony of the
Governor called Abdi Viazi who is the
owner of Wajir Vegetable Ltd. The shocking
thing is, out of the Kshs 121 Million, 30
Million was given to elected County
representatives to buy and distribute food
to drought stricken wards. Several parts of
the County wards did not get the said food
items. Much worse, from the 30 Million, it
was alleged that the County representatives
and the suppliers looted it. 91 million was
pocketed by the Governor in connivance
with the rogue supplier. Information from
reliable sources intimated that the
Governor used the same money to impeach
the Speaker by buying some of the County
Reps.
12. Purchase of Medical drugs at a cost of
12,000,000 Million. This is absolutely
outrageous!!! There was no advertisement
and there are no drugs in all the health
facilities in the County. In fact Medical
Superintendent of Isiolo General Hospital
resigned due to frustration (Dr. Al Amin).
As we speak, there are no supplies of food
to the in-patients.
13. Purchase of certified crop seeds was done
at a cost of 5,000,000. Million
Interestingly, the naïve and ignorant people
of Isiolo County have never had of this
project, therefore this was a white elephant
project.
14. Purchase of Veterinaries supplies was done
at a cost of Kshs 4,000,000 Million. This
was once again like all other projects, it
was never advertised, no competitive
bidding and the resilient pastoralists have
never seen this supplies!!!!!!!!!
OTHER PROJECTS
1. Town Public Park at a cost of 31,513,862
Million. It is located opposite Jamia masjid
(Mosque) along Isiolo –Nairobi road was
also single sourced and awarded to one
Abdi Viazi, who is a crony of the Governor.
2. The solar powered street lighting project
was a donation from a non-state actor but
a proxy company was single sourced by the
Executive. It was allegedly allocated Kshs
120 Million from the County government
coffer for the said projects. The project was
single sourced. People have christened the
street lights as lamp posts because it emits
light like that of a candle. County
government spends a whopping 5, 00,000
paid to security guards in the name of
protecting of the said street lights. As we
are speaking most of those street lights are
not working.
3. The recurrent expenditure for fuel is
arbitrarily given to private and personal
cars without official approval by the
designed authority.
4. Kshs 46 Million was withdrawn from the
County Government exchequer for bribing
some Members of the County Assembly to
impeach the Speaker. The scheme was
hatched and crafted by the Governor and
supported by both Senators (Elected
Nominated)
5. Kshs 12 Million was withdrawn on 30
June, 2014 in the name of legal fees for the
lawyer representing the Governor. 10
Million Was later reverted to the Governor
from the lawyers account through proxies
hence the flow of that money necessitated
investigation by the Ethics and Ant-
Corruption Commission
6. Within a period of a year the Governor has
enriched himself and acquired several
properties registered under the name of his
close families including his father in-law of
his first wife. These properties include;
Gadhisa Hotel-(74 Million)
Lavish house in Lavington
Nursing Home in Tullu Roba, Isiolo
Luxury house in Nanyuki for his
second wife whom he married mid last
year- call it devolved families!!!!!
7. All the Executive Committee attend
workshop organized by N.G.O’s and
Government and they are paid night out
allowances and per-diem by both
Government and Non-state actors
8. Kshs 800 Million Equalization fund meant
for road projects in the entire County was
grossly misappropriated by the Executive
for roads in connivance with Governor.
Further investigations need to be pursued
in relations to their bank accounts and also
close relatives
9. Saud Arabia and Qatar governments are
said to have partnered with the Isiolo
governments on various projects. This
donation has never been disclosed to
people of Isiolo County contrary to County
Government Act, 2013, Section 87 (a-g) on
Citizen Participation.
10. Fencing of perimeter wall of Isiolo General
Hospital which was financed by German
Government through the defunct Ministry of
Medical Services (Prof. Anyang’ Nyongó
was the Minister). The project again, like
all other contracts was single sourced and
given to politically correct contractor. The
same projects was financed by the County
Government again
11. The outstanding imprests by members of
the Executive which is unaccounted is
huge. This was also reflected in the
Auditors General’s report
12. Kshs 8.4 Million was spent during Isiolo
county’s anniversary celebration without
the approval of the County Assembly
13. County Assembly representatives were
allocated Kshs 750,000 for the 10 wards in
the name of staff salary for the year ending
June, 2014 which contravenes Public
Finance Management Act, 2010. To date
none of the wards have working staffs and
offices.
14. On numerous occasions some Members of
the County Assembly were bribed to bring
statements and motions to the Assembly in
favour of the Executive. Such fraud trickster
approach has always been bank rolled by
the Governor.
15. Over payment of sitting allowances above
the normal ceilings as set by Salaries and
Remunerations Commissions.
16. Unnecessary trips by the entire Members of
the County Assembly to Dubai where each
of them were given Kshs 500,000. The trip
had no value to the mandate and activities
of the Assembly whether in terms of
oversight or parliamentary practice. Two
(Charri & Garbatulla Ward) of the county
Representatives never went for the trips but
they were also given the said amount.
17. The Governor rarely comes to the office and
as such some pundits call him absentee
Governor or ‘MH370’ (missing Malaysian
plane). Most of the time he spends working
hours in Shamz Hotel (owned by his chief
campaigner; Abdi Viazi), Sarova Hotel,
Ashnil, Simba Lodge and Laico regency in
Nairobi. All these, at the expense of
taxpayers’ money.
18. In the month of May (2014) the Governor
paraded a group of women to sing for him
some political songs in praise of his
mediocrity leadership. Their bill was also
footed by taxpayers’ money. Is he copying
the scripts from the late Iddi Amin or
Gaddafi?
19. Several ghost workers are employed
arbitrarily by the Governor, particularly
from his clan hence ballooning the wage
bill of the County
20. Handpicking of individual contractors who
happen to be his cronies( Wajir Vegetable
Ltd & Baretu Construction Company) or
political foot soldiers without meritocracy
or following proper procurement procedures
21. County Government money is badly
misused for fundraising, Harrambees and
weddings to those who supported the said
Governor.
22. The County Executive and the Assembly is
embroiled in myriads of litigations which
has extremely hampered the delivery of
much required services by the people of
Isiolo County.
23. A section of the County Assembly Members
allied to the Governor snubbed the Speaker,
made their own make-shift Mace made of
wood and without substantive staff
purportedly approved the supplementary
budget which was declined by the
Controller of Budget and subsequently
injuncted by through the Court. To date,
the supplementary Budget has neither not
been approved legally by the Assembly.
24. As things stands the Governor has proved
to be crafty, slippery, cunning and
indecisive. The last resort to this ugly
scenario is to petition the President to
dissolve the County. Seemingly, being a
Jubilee County the government is not keen
on taking Makueni way
ABUSE OF OFFICE
The Isiolo County Government logo is illegal.
It was designed and used without the approval
of the County Assembly which contravenes
County Governments Act, 2012- County
symbols.
4. (1), (a,b,c)
(2) The County Executive shall develop the
symbols of the county through a consultative
process for approval by the county assembly
by legislation.
(3) The county legislation enacted under
subsection (1) shall provide for the use of the
county symbols in the same manner as
provided for in the National Flag, Emblems
and Names Act (Cap. 99).
(4) A county symbol shall not be the same as,
or bear a likeness or similarity to a National
symbol.
1. Blatant misuse of County vehicles by the
Executives to attend to personal matters
and entertainment spots beyond working
hours, public holidays and weekends. More
so they drive themselves. In certain
instances convoy of County Government
vehicles are used to ferry people as far as
300Kms to grace the weddings of
Governors kinsmen with full security detail
accompanying Governor’s wife, the best
example was on 24/4/2014 in Garbatulla.
2. Hiring of Mediocre personnel (drivers) from
the Governor’s clan while the Ministry ones
are left idle with no work to do
3. Skewed Appointment without following due
process of law: The Constitution of Kenya
stipulates: Article 179. (1) The executive
authority of the county is vested in, and
exercised by, a county executive committee.
(2) The county executive committee
consists of—
(a) the county governor and the deputy
county governor; and
(b) members appointed by the county
governor, with the approval of the
assembly, from among persons who are not
members of the assembly.
(3) The number of members appointed
under clause (2) (b) shall not exceed—(a)
one-third of the number of members of the
county assembly, if the assembly has less
than thirty members; or (b) ten, if the
assembly has thirty or more members.
(4) The county governor and the deputy
county governor are the chief executive and
deputy chief executive of the county,
respectively.
Was Article 179, clause 3 (a) and (b)
followed?
County Governments Act, No 17 of 2012
Appointment of county executive members
(1) The governor shall, when nominating
members of the executive committee—
(a) ensure that to the fullest extent
possible, the composition of the executive
committee reflects the community and
cultural diversity of the county; and
(b) take into account the principles of
affirmative action as provided for in the
Constitution.
(2) The county assembly shall not approve
nominations for appointment to the
executive committee that do not take into
account—
(a) not more than two thirds of either
gender;
(b) representation of the minorities,
marginalized groups and
communities; and
(c) community and cultural diversity within
the county.
(3) A person may be appointed as a
member of the county executive committee
if that person—
(a) is a Kenyan citizen;
(b) is a holder of at least a first degree
from a university recognized in Kenya;
(c) satisfies the requirements of Chapter
Six of the Constitution; and
(d ) has knowledge, experience and a
distinguished career of not less than five
years in the field relevant to the portfolio of
the department to which the person is
being appointed.
(4) A member of the county executive
committee shall not hold any other State or
public office.
Was Section 35 of the County Government
Acts followed to the letter?
CONCLUSION
All the actions above breaches the
Constitution of Kenya and the relevant
statutes!
Chapter 11 of the Constitution, Transition to
Devolved Governments Act, 2012, County
Government Act, 2012, Public Finance
Management Act, 2012, Transition County
Appropriation Act, 2013, Intergovernmental
Relations Act, (No, 2 of 2013) and Public
Procurement and Disposal Act, 2013
Report Compiled by
Salad Malicha ( @Msaladus )