Investigations

Petition: Marsabit Governor Mohammed Ali On The Spot Over Graft Allegations In Billions

Published

3 years ago

August 26, 2021

Mohammed Muhamud Ali, Marsabit County Governor.

A Marsabit resident wants the court to block National Treasury from disbursing monies to the county government until the Mohammed Ali’s led administration accounts for funds allocated since 2017.

In a petition, Mohamed Said Chute has sought orders to bar the Controller of Budget and the Cabinet Secretary National Treasury from approving and releasing funds for budgetary estimates allocated to the County Government of Marsabit for the 2021/2022 financial year.

Said further wants the court to compel the auditor General to publish and make available before court the financial Audit Reports for the County Government of Marsabit from 2017 to date.

He also wants the court to compel the controller of Budget to publish and report to court the Budget ceiling for each county department for the County Government of Marsabit for the said period.

Said is also seeking orders to compel the Governor and executive committee finance to give an account of Sh119,000,000 allocated to the county for COVID-19 pandemic.

Through lawyer Elias Mutuma, Said seeks the court to compel Governor Mohamed Mohamud Ali and County Executive Committee Finance to present before court, statements of account on all the statutory deductions and remittances for P.A.Y.E, and Employer’s Contribution to N.S.S.F, N.H.I.F, Gratuity, LAPFUND and Pension made for all the County Staff for the period 2017 to June, 2021.

“Court be pleased to compel Auditor General to conduct a special audit on the Respondents’ financial accounts for the period between 2017 to 2021financial years and file the report in court for the following Budgetary Allocations in Marsabit County pending hearing and determination “, Said added.

He argues that the people of Marsabit have a right to dignified life and access to resources, which right is being violated unless the Respondents are compelled to give account of county funds allocated each year from 2017 to date.

Ali is one of the marked corrup governors who’ve been on the EACC radar. Marsabit county top officials were questioned on claims of irregular employment. Garissa county government is being investigated over employment of staff using forged documents, over-staffing and lack of adherence to employment procedures.

in July this year, the National Treasury Cabinet Secretary Ukur Yatani wrote to the Ethics and Anti-Corruption Commission (EACC) to investigate his political rival, Marsabit Governor Mohamud Ali.

In the letter dated July 8, and copied to the National Intelligence Service (NIS) Director General Philip Kameru, Mr Yatani directs EACC boss Twalib Mbarak to expedite investigations against his Marsabit Gubernatorial race opponent.

The directive by the Cabinet secretary to EACC raises questions on the use of State office and investigative agencies against political opponents.

Mr Yatani, who lost the Marsabit gubernatorial race to Mr Ali in 2017 polls, has already expressed interest in contesting for the seat again in 2022.

“In view of the above developments, I urge your office to quickly investigate all bank accounts held by the governor and his family members,” states Mr Yatani in the letter.

Travel expenses

The letter, which is marked as confidential, directs the EACC to narrow the investigations on Mr Yatani and examine the travel expenses incurred by the governor and his family members.

The letter states that the governor should be investigated for some Sh1.5 million media advertisement bill and use of road levy funds among others.

Mr Yatani says as a Cabinet Secretary, he is duty bound to highlight the unanswered graft questions raised against the governor.

Ministry of National Treasury and Planning Cabinet Secretary Hon. Ukur Yatani briefs media after the launch of The 8th Corporate Plan for Kenya Revenue Authority (KRA) on June 24, 2021 at the KRA offices. Picture by Francis Nderitu

The letter bears the logo of the office of the National Treasury and Planning, and signed off by Mr Yatani, which means he is giving the directive in his official capacity.

The EACC is an independent institution and creates aspersions, especially coming at a time when the investigative authority like Directorate of Criminal Investigations are being accused of witch-hunt.

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