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Is CS Waiguru impeachable?
limanika
#391 Posted : Wednesday, November 04, 2015 8:45:39 PM
Rank: Veteran

Joined: 9/21/2011
Posts: 2,032
murchr wrote:
limanika wrote:
At parliamentary committee she said she’s not in charge of finances and thus not accountable. Assuming all other CS’s have the same attitude, suddenly we now know why national budget can’t balance. If even with all this knowledge Jubilee is comfortable spending sleepless nights looking for debts and headache how to repay the same, then I have no comment.
If Jubilee can’t see can’t hear then let status quo remain, on positive side at least now there is something to unite Kenyans and then there is a logical justification to kick out this govt.


She is not incharge...the constitution is clear. Where you work, is the MD the one responsible for sourcing tissue paper(am assuming you work for a corporate institution not a mom&pops kiosk). The person incharge of that should tell Kenyans where the money is. Truth is this is not just happening in this one ministry, its in the whole GOK, and it didnt start in 2013...thats why you heard civil servants telling UK that he will come and go..they will remain.


My friend, we’re not kids. We know A-Z how corruption is propagated in govt.
murchr
#392 Posted : Wednesday, November 04, 2015 8:47:33 PM
Rank: Elder

Joined: 2/26/2012
Posts: 15,980
limanika wrote:
murchr wrote:
limanika wrote:
At parliamentary committee she said she’s not in charge of finances and thus not accountable. Assuming all other CS’s have the same attitude, suddenly we now know why national budget can’t balance. If even with all this knowledge Jubilee is comfortable spending sleepless nights looking for debts and headache how to repay the same, then I have no comment.
If Jubilee can’t see can’t hear then let status quo remain, on positive side at least now there is something to unite Kenyans and then there is a logical justification to kick out this govt.


She is not incharge...the constitution is clear. Where you work, is the MD the one responsible for sourcing tissue paper(am assuming you work for a corporate institution not a mom&pops kiosk). The person incharge of that should tell Kenyans where the money is. Truth is this is not just happening in this one ministry, its in the whole GOK, and it didnt start in 2013...thats why you heard civil servants telling UK that he will come and go..they will remain.


My friend, we’re not kids. We know A-Z how corruption is propagated in govt.


You know nothing, my friend...nada!
"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
.
Swenani
#393 Posted : Wednesday, November 04, 2015 9:08:33 PM
Rank: User

Joined: 8/15/2013
Posts: 13,237
Location: Vacuum
murchr wrote:
limanika wrote:
At parliamentary committee she said she’s not in charge of finances and thus not accountable. Assuming all other CS’s have the same attitude, suddenly we now know why national budget can’t balance. If even with all this knowledge Jubilee is comfortable spending sleepless nights looking for debts and headache how to repay the same, then I have no comment.
If Jubilee can’t see can’t hear then let status quo remain, on positive side at least now there is something to unite Kenyans and then there is a logical justification to kick out this govt.


She is not incharge...the constitution is clear. Where you work, is the MD the one responsible for sourcing tissue paper(am assuming you work for a corporate institution not a mom&pops kiosk). The person incharge of that should tell Kenyans where the money is. Truth is this is not just happening in this one ministry, its in the whole GOK, and it didnt start in 2013...thats why you heard civil servants telling UK that he will come and go..they will remain.


CS's might not be in charge but somebody has to be responsible.If you're head of sales and your department doesnt meet the sales target,you willbe held accountable for that, you won't call upon your sales lady whom you pay 20Kper month to explain to the shareholders and management on the reasons your department didn't meet the sales target.

It's upon you to find the reasons from you people working below you and be accountable and take to the management and in turn the CEO will be accountable to the shareholders and take responsibility for the sales lady's low targets and head of departments leadership failure.The CEO can't argue in an AGM that he is not responsible for the sales of a junior sales lady just because s/he is hired to provide strategic direction for the organization.

If the CS's are not accountable and responsible for their ministries why are they the heads of those ministries? why can't we have the people who are accountable and responsible for the ministries attending the cabinet meetings where executive decisions are made?

If Obiero did it, Who Am I?
murchr
#394 Posted : Wednesday, November 04, 2015 9:14:39 PM
Rank: Elder

Joined: 2/26/2012
Posts: 15,980
Swenani wrote:
murchr wrote:
limanika wrote:
At parliamentary committee she said she’s not in charge of finances and thus not accountable. Assuming all other CS’s have the same attitude, suddenly we now know why national budget can’t balance. If even with all this knowledge Jubilee is comfortable spending sleepless nights looking for debts and headache how to repay the same, then I have no comment.
If Jubilee can’t see can’t hear then let status quo remain, on positive side at least now there is something to unite Kenyans and then there is a logical justification to kick out this govt.


She is not incharge...the constitution is clear. Where you work, is the MD the one responsible for sourcing tissue paper(am assuming you work for a corporate institution not a mom&pops kiosk). The person incharge of that should tell Kenyans where the money is. Truth is this is not just happening in this one ministry, its in the whole GOK, and it didnt start in 2013...thats why you heard civil servants telling UK that he will come and go..they will remain.


CS's might not be in charge but somebody has to be responsible.If you're head of sales and your department doesnt meet the sales target,you willbe held accountable for that, you won't call upon your sales lady whom you pay 20Kper month to explain to the shareholders and management on the reasons your department didn't meet the sales target.

It's upon you to find the reasons from you people working below you and be accountable to the management and in turn the CEO willbe accountable to the shareholders and btake responsibility for the sales lady low targets.The CEO can't argue in an AGM that he is not responsible for the sales of a junior sales lady yet the CEO is hired to provide strategic direction for the organization.Hata board hupata motto pia.

If the CS's are not accountable and responsible for their ministries why are they the heads of those ministries? why can't we have the people who are accountable and responsible for the ministries attending the cabinet meetings where executive decisions are made?



Soma Katiba
"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
.
Swenani
#395 Posted : Wednesday, November 04, 2015 9:16:48 PM
Rank: User

Joined: 8/15/2013
Posts: 13,237
Location: Vacuum
murchr wrote:
Swenani wrote:
murchr wrote:
limanika wrote:
At parliamentary committee she said she’s not in charge of finances and thus not accountable. Assuming all other CS’s have the same attitude, suddenly we now know why national budget can’t balance. If even with all this knowledge Jubilee is comfortable spending sleepless nights looking for debts and headache how to repay the same, then I have no comment.
If Jubilee can’t see can’t hear then let status quo remain, on positive side at least now there is something to unite Kenyans and then there is a logical justification to kick out this govt.


She is not incharge...the constitution is clear. Where you work, is the MD the one responsible for sourcing tissue paper(am assuming you work for a corporate institution not a mom&pops kiosk). The person incharge of that should tell Kenyans where the money is. Truth is this is not just happening in this one ministry, its in the whole GOK, and it didnt start in 2013...thats why you heard civil servants telling UK that he will come and go..they will remain.


CS's might not be in charge but somebody has to be responsible.If you're head of sales and your department doesnt meet the sales target,you willbe held accountable for that, you won't call upon your sales lady whom you pay 20Kper month to explain to the shareholders and management on the reasons your department didn't meet the sales target.

It's upon you to find the reasons from you people working below you and be accountable to the management and in turn the CEO willbe accountable to the shareholders and btake responsibility for the sales lady low targets.The CEO can't argue in an AGM that he is not responsible for the sales of a junior sales lady yet the CEO is hired to provide strategic direction for the organization.Hata board hupata motto pia.

If the CS's are not accountable and responsible for their ministries why are they the heads of those ministries? why can't we have the people who are accountable and responsible for the ministries attending the cabinet meetings where executive decisions are made?



Soma Katiba


You should also read government circulars and directives and acts of parliament
If Obiero did it, Who Am I?
murchr
#396 Posted : Wednesday, November 04, 2015 9:38:47 PM
Rank: Elder

Joined: 2/26/2012
Posts: 15,980
Swenani wrote:
murchr wrote:
Swenani wrote:
murchr wrote:
limanika wrote:
At parliamentary committee she said she’s not in charge of finances and thus not accountable. Assuming all other CS’s have the same attitude, suddenly we now know why national budget can’t balance. If even with all this knowledge Jubilee is comfortable spending sleepless nights looking for debts and headache how to repay the same, then I have no comment.
If Jubilee can’t see can’t hear then let status quo remain, on positive side at least now there is something to unite Kenyans and then there is a logical justification to kick out this govt.


She is not incharge...the constitution is clear. Where you work, is the MD the one responsible for sourcing tissue paper(am assuming you work for a corporate institution not a mom&pops kiosk). The person incharge of that should tell Kenyans where the money is. Truth is this is not just happening in this one ministry, its in the whole GOK, and it didnt start in 2013...thats why you heard civil servants telling UK that he will come and go..they will remain.


CS's might not be in charge but somebody has to be responsible.If you're head of sales and your department doesnt meet the sales target,you willbe held accountable for that, you won't call upon your sales lady whom you pay 20Kper month to explain to the shareholders and management on the reasons your department didn't meet the sales target.

It's upon you to find the reasons from you people working below you and be accountable to the management and in turn the CEO willbe accountable to the shareholders and btake responsibility for the sales lady low targets.The CEO can't argue in an AGM that he is not responsible for the sales of a junior sales lady yet the CEO is hired to provide strategic direction for the organization.Hata board hupata motto pia.

If the CS's are not accountable and responsible for their ministries why are they the heads of those ministries? why can't we have the people who are accountable and responsible for the ministries attending the cabinet meetings where executive decisions are made?



Soma Katiba


You should also read government circulars and directives and acts of parliament


Paste them here....
"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
.
Swenani
#397 Posted : Wednesday, November 04, 2015 9:57:25 PM
Rank: User

Joined: 8/15/2013
Posts: 13,237
Location: Vacuum
murchr wrote:
Swenani wrote:
murchr wrote:
Swenani wrote:
murchr wrote:
limanika wrote:
At parliamentary committee she said she’s not in charge of finances and thus not accountable. Assuming all other CS’s have the same attitude, suddenly we now know why national budget can’t balance. If even with all this knowledge Jubilee is comfortable spending sleepless nights looking for debts and headache how to repay the same, then I have no comment.
If Jubilee can’t see can’t hear then let status quo remain, on positive side at least now there is something to unite Kenyans and then there is a logical justification to kick out this govt.


She is not incharge...the constitution is clear. Where you work, is the MD the one responsible for sourcing tissue paper(am assuming you work for a corporate institution not a mom&pops kiosk). The person incharge of that should tell Kenyans where the money is. Truth is this is not just happening in this one ministry, its in the whole GOK, and it didnt start in 2013...thats why you heard civil servants telling UK that he will come and go..they will remain.


CS's might not be in charge but somebody has to be responsible.If you're head of sales and your department doesnt meet the sales target,you willbe held accountable for that, you won't call upon your sales lady whom you pay 20Kper month to explain to the shareholders and management on the reasons your department didn't meet the sales target.

It's upon you to find the reasons from you people working below you and be accountable to the management and in turn the CEO willbe accountable to the shareholders and btake responsibility for the sales lady low targets.The CEO can't argue in an AGM that he is not responsible for the sales of a junior sales lady yet the CEO is hired to provide strategic direction for the organization.Hata board hupata motto pia.

If the CS's are not accountable and responsible for their ministries why are they the heads of those ministries? why can't we have the people who are accountable and responsible for the ministries attending the cabinet meetings where executive decisions are made?



Soma Katiba


You should also read government circulars and directives and acts of parliament


Paste them here....


Interpretation

Quote:
Interpretation.
2. (1) In this Act, unless the context otherwise requires—
"Cabinet Secretary" means the Cabinet Secretary responsible
for matters relating to the co-ordination of national government
functions[
/b]
;
"county" means any one of the counties into which the
territory of Kenya is divided as specified in the First Schedule to
the Constitution;
"national government administrative officer" means an officer
recruited and appointed as such under section 15;
"national government function" means a function assigned by
the Constitution, this Act or any other law to the executive arm of
government
;


The president is responsible

Quote:
The Office of the President.
8. (1) Pursuant to Article 132(3)(b) of the Constitution, the
President shall be responsible for the co-ordination of functions of
Ministries, State and government departments.

(2) For purposes of co-ordination of national government
functions under the Constitution, this Act or any other written law,
the Office of the President shall have such number of National
Government Administrative Officers as shall be necessary for the
effective and efficient co-ordination of national government
functions.


Then by appointing CS's, the president delegates
Quote:
The Cabinet.
9. (1) Pursuant to Articles 153 of the Constitution, the Cabinet
shall coordinate the functions of the national government at the
national level
.
6 No. 1 National Government Co-ordination 2013
(2) The Cabinet Secretaries shall be accountable individually
and collectively, to the President for the exercise of their powers

and the performance of their functions.
[b][i](3) A Cabinet Secretary shall be responsible for policy
formulation and guidance and, where required, implementation of
the policy in respect of the respective Ministry, State departments
or agencies under him or her[
/i]
.
(4) A Cabinet secretary shall be the link between the State
department and the President or Parliament as the case may be


Responsibility of CS
Quote:
Individual and collective responsibility of the Cabinet Secretaries.
10. (1) Each Cabinet Secretary shall be responsible for the
functions assigned to him or her by the President, the Constitution,
this Act, or any other written law.

(2) Collective responsibility of the Cabinet referred to under
Article 153 (2) of the Constitution means that all decisions of the
Cabinet are binding on all Cabinet Secretaries


This might be relevant too

Quote:
Service delivery co-ordination units.
14. (1) The Cabinet Secretary may, with the approval of the
President and by a notice in the Gazette, establish national
government service delivery co-ordination units.
(2) In establishing the national government service delivery
co-ordination units, the Cabinet Secretary shall accord and respect
the county government decentralised units established under
section 48 of the County Government Act, 2012 (No. 17 of 2012).
(3) Where a county government has not decentralised its
units pursuant to section 48(1)(e) of the County Government Act,
2012, the national government may, where necessary, establish its
own service delivery co-ordination units for purposes of coordination
of national government functions.
(4) For purposes of this section, the locations and sublocations
in existence immediately before the commencement of
this Act shall continue to exist as national government service
delivery units.
(5) The national government service delivery co-ordination
units established under this section shall be headed by national
government administrative officers appointed under section 15.



In my layman's understanding of the above act,Rotich is responsible for treasury function just like waiguru is responsible for the devolution function
If Obiero did it, Who Am I?
limanika
#398 Posted : Wednesday, November 04, 2015 10:18:42 PM
Rank: Veteran

Joined: 9/21/2011
Posts: 2,032
Budgetary alocation for national govt is upwards of 1. 5T. Today we were informed this money is in the hands of procurement officers, that maybe they're stealing but as CS am not responsible and not entitled to do anything about it. In devolution allocation was 45b, as CS you don't know or care to find out how this money was utilized, and here we are borrowing 61b to repay within 2 yrs
murchr
#399 Posted : Wednesday, November 04, 2015 11:20:19 PM
Rank: Elder

Joined: 2/26/2012
Posts: 15,980
Swenani wrote:
murchr wrote:
Swenani wrote:
murchr wrote:
Swenani wrote:
murchr wrote:
limanika wrote:
At parliamentary committee she said she’s not in charge of finances and thus not accountable. Assuming all other CS’s have the same attitude, suddenly we now know why national budget can’t balance. If even with all this knowledge Jubilee is comfortable spending sleepless nights looking for debts and headache how to repay the same, then I have no comment.
If Jubilee can’t see can’t hear then let status quo remain, on positive side at least now there is something to unite Kenyans and then there is a logical justification to kick out this govt.


She is not incharge...the constitution is clear. Where you work, is the MD the one responsible for sourcing tissue paper(am assuming you work for a corporate institution not a mom&pops kiosk). The person incharge of that should tell Kenyans where the money is. Truth is this is not just happening in this one ministry, its in the whole GOK, and it didnt start in 2013...thats why you heard civil servants telling UK that he will come and go..they will remain.


CS's might not be in charge but somebody has to be responsible.If you're head of sales and your department doesnt meet the sales target,you willbe held accountable for that, you won't call upon your sales lady whom you pay 20Kper month to explain to the shareholders and management on the reasons your department didn't meet the sales target.

It's upon you to find the reasons from you people working below you and be accountable to the management and in turn the CEO willbe accountable to the shareholders and btake responsibility for the sales lady low targets.The CEO can't argue in an AGM that he is not responsible for the sales of a junior sales lady yet the CEO is hired to provide strategic direction for the organization.Hata board hupata motto pia.

If the CS's are not accountable and responsible for their ministries why are they the heads of those ministries? why can't we have the people who are accountable and responsible for the ministries attending the cabinet meetings where executive decisions are made?



Soma Katiba


You should also read government circulars and directives and acts of parliament


Paste them here....


Interpretation

Quote:
Interpretation.
2. (1) In this Act, unless the context otherwise requires—
"Cabinet Secretary" means the Cabinet Secretary responsible
for matters relating to the co-ordination of national government
functions[
/b]
;
"county" means any one of the counties into which the
territory of Kenya is divided as specified in the First Schedule to
the Constitution;
"national government administrative officer" means an officer
recruited and appointed as such under section 15;
"national government function" means a function assigned by
the Constitution, this Act or any other law to the executive arm of
government
;


The president is responsible

Quote:
The Office of the President.
8. (1) Pursuant to Article 132(3)(b) of the Constitution, the
President shall be responsible for the co-ordination of functions of
Ministries, State and government departments.

(2) For purposes of co-ordination of national government
functions under the Constitution, this Act or any other written law,
the Office of the President shall have such number of National
Government Administrative Officers as shall be necessary for the
effective and efficient co-ordination of national government
functions.


Then by appointing CS's, the president delegates
Quote:
The Cabinet.
9. (1) Pursuant to Articles 153 of the Constitution, the Cabinet
shall coordinate the functions of the national government at the
national level
.
6 No. 1 National Government Co-ordination 2013
(2) The Cabinet Secretaries shall be accountable individually
and collectively, to the President for the exercise of their powers

and the performance of their functions.
[b][i](3) A Cabinet Secretary shall be responsible for policy
formulation and guidance and, where required, implementation of
the policy in respect of the respective Ministry, State departments
or agencies under him or her[
/i]
.
(4) A Cabinet secretary shall be the link between the State
department and the President or Parliament as the case may be


Responsibility of CS
Quote:
Individual and collective responsibility of the Cabinet Secretaries.
10. (1) Each Cabinet Secretary shall be responsible for the
functions assigned to him or her by the President, the Constitution,
this Act, or any other written law.

(2) Collective responsibility of the Cabinet referred to under
Article 153 (2) of the Constitution means that all decisions of the
Cabinet are binding on all Cabinet Secretaries


This might be relevant too

Quote:
Service delivery co-ordination units.
14. (1) The Cabinet Secretary may, with the approval of the
President and by a notice in the Gazette, establish national
government service delivery co-ordination units.
(2) In establishing the national government service delivery
co-ordination units, the Cabinet Secretary shall accord and respect
the county government decentralised units established under
section 48 of the County Government Act, 2012 (No. 17 of 2012).
(3) Where a county government has not decentralised its
units pursuant to section 48(1)(e) of the County Government Act,
2012, the national government may, where necessary, establish its
own service delivery co-ordination units for purposes of coordination
of national government functions.
(4) For purposes of this section, the locations and sublocations
in existence immediately before the commencement of
this Act shall continue to exist as national government service
delivery units.
(5) The national government service delivery co-ordination
units established under this section shall be headed by national
government administrative officers appointed under section 15.



In my layman's understanding of the above act,Rotich is responsible for treasury function just like waiguru is responsible for the devolution function


Does Rotich get involved in Buying condoms and tissue papers in his ministry?
"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
.
murchr
#400 Posted : Thursday, November 05, 2015 12:22:20 AM
Rank: Elder

Joined: 2/26/2012
Posts: 15,980
Part 6—Control of Public Money

226. (1) An Act of Parliament shall provide for—
    (a) the keeping of financial records and the auditing of accounts
    of all governments and other public entities, and prescribe
    other measures for securing efficient and transparent fiscal
    management; and
    (b) the designation of an accounting officer in every public entity
    at the national and county level of government.


(2) The accounting officer of a national public entity is accountable to the National Assembly for its financial management, and the accounting officer of a county public entity is accountable to
the county assembly for its financial management.

(3) Subject to clause (4), the accounts of all governments and
State organs shall be audited by the Auditor-General.

(4) The accounts of the office of the Auditor-General shall be audited and reported on by a professionally qualified accountant appointed by the National Assembly.

(5) If the holder of a public office, including a political 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.


On that note is Waiguru's signature in any of those docs?
227.

(1) When a State organ or any other public entity contracts
for goods or services, it shall do so in accordance with a system that is
fair, equitable, transparent, competitive and cost-effective.

(2) An Act of Parliament shall prescribe a framework within which policies relating to procurement and asset disposal shall be implemented.

PUBLIC FINANCE MANAGEMENT ACT


Interpretation
(1)
In this Act, unless the context otherwise requires—
“accounting officer” means—
    (a) an accounting officer of a national government entity referred to in section 67;
    (b)an accounting officer of a county government entity referred to in section 148;
    (c) in the case of the Judiciary, the Chief Registrar of the Judiciary; or
    (d) in the case of the Parliamentary Service Commission, the Clerk of the Senate in respect of the Senate and the Clerk of the National Assembly in respect of the National Assembly;


CAP. 412C Section 68
68.
Responsibilities of accounting officers for national government entities, Parliament and the Judiciary
(1) An accounting officer for a national government entity, Parliamentary Service Commission and the Judiciary shall be accountable to the National Assembly for ensuring that the resources of the respective entity for which he or she is the accounting officer are used in a way that is
    (a) lawful and authorised; and
    (b) effective, efficient, economical and transparent.

(2) In the performance of a function under subsection (1), an accounting officer shall—
    (a) ensure that all expenditure made by the entity complies with subsection (1);
    (b) ensure that the entity keeps financial and accounting records that comply with this Act;
    (c) ensure that all financial and accounting records the entity keeps in any form, including in electronic form are adequately protected and backed up;
    (d) ensure that all contracts entered into by the entity are lawful and are complied with;
    (e) ensure that all applicable accounting and financial controls, systems, standards, laws and procedures are followed when procuring or disposing of goods and services and that, in the case of goods, adequate arrangements are made for their custody, safeguarding and maintenance;

    (f) bring any matter to the attention of the Cabinet Secretary responsible for the entity, or the Chief Justice or the Speaker of the National Assembly if, in the accounting officer’s opinion, a decision or policy or proposed decision or policy of the entity may result in resources being used in a way that is contrary to subsection (1);
    (g) prepare a strategic plan for the entity in conformity with the medium term fiscal framework and fiscal policy objectives of the national government;
    (h)
    prepare estimates of expenditure and revenues of the entity in conformity with the strategic plan referred to in paragraph (g);
    (i) submit the estimates of the public entity which is not a state corporation to the Cabinet Secretary;
    (j) submit the estimates of a public entity which is a state corporation to the Cabinet Secretary responsible for that state corporation who, after approving it, shall forward it to the Cabinet Secretary;
    (k) prepare annual financial statements for each financial year within three months after the end of the financial year, and submit them to the Controller of Budget and the Auditor-General for audit, and in the case of a national government entity, forward a copy to the National Treasury;
    (l) take appropriate measures to resolve any issues arising from audit which may remain outstanding;
    (m) provide information on any fraud, losses, or any violation of subsection (1) and explanation for the actions taken to prevent a similar problem in future;
    (n) provide the National Treasury and any other office, where relevant, with any information it may require to fulfil its functions under this Act; and
    (o) in case of a national government entity, carry out such other functions as may be specified by the Cabinet Secretary.
"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
.
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