Kenya Kwanza has demanded a forensic audit of the billions used on BBI.
They said that the BBI task force spent approximately Sh 10 billion of public money.
“They spent 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,” Musalia said. He was reading the speech on behalf Kenya Kwanza.
They defended the Supreme Court adding that it has played its role in protecting Kenyans and the constitution.
“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,” Musalia said.
They reminded 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.
“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,” Musalia.
They said that the Constitution on the principles of public finances requires that “public money shall be used prudently and responsibly”.
“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 the Constitution,” Musalia said.
They said 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,” they said.
They said that it was 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,” the said.