OPINION-MWISE: Why Sh8.8bn Migori budget was passed illegally

By Augustine Mwise, Ntimaru East MCA

That, Pursuant to Article 1(2) of the constitution of Kenya, I’m a spokesperson of Gati, Atieno and Boke of Migori including those who may not be able to raise these issues as put by myself and my colleague Hon Members in the Migori County assembly.Key Base notes:

1) Budget making is a constitutional process under Article 201, 221&224 and has legal mechanisms under the PFMA regulations, especially Sec 37, 131 & 137 that MUST be followed through at every step.

a) There is what we call the County Budget and Economic Forum established under Sec 137 of the PFMA Regulations.. it’s work is to facilitate a platform for setting Budgeting Ceilings for every county government entity and sectors.. these ceilings are set every year before the end of February. Which the county assembly approved adequately under the leadership of Boaz Owiti Okoth , the Speaker.

b) Development budget ceiling for the County Assembly was set at Ksh 50 Millions and was properly approved in the assembly


1): What has changed between then and 30th June, that the ceilings are being changed abruptly from Ksh 50Million to Ksh 456 Millions to deny the people of Migori County the opportunity to develop their projects as per the public participation proposals? Note that, this is a public budget and not a private budget, there are procedures that should be followed! Just imagine that, I stand and support:

i) That the department of Education to lose the entire development budget of Ksh 350 million, simply because the Speaker wants to build the assembly Chambers that was not in the proposals at the time of the approval of the County Fiscal Strategy Paper (Ceilings approval)…. Stadium is for the people, while the Chambers are for the Hon members, which we have and it is not an emergency..!

Here, I choose to support the youth and not the Speakeri) That I agree with an illegality of reducing the development budget of constructing the County Headquarters from Ksh220 Million to 130 Million.

Yet, the people of Migori need this Flagship project to be completed for easy access to government services at the expense of the assembly Chambers..! Here, I choose to support the public and not the Speaker

2) That, we deny our youth the resources to develop a new and modern football & basketball stadium. Big enough for their talents in sports, recreation and other services, by zero rating the whole budget for the department, simply because of the poor leadership in the assembly?

On this, I choose to stand with the Atieno, Gati and Boke of Migori County and refuse to support the speakerQuestion

2) Are you aware that, Hon Boaz Okoth and his entire board is in court on Corruption allegations on misuse of Development budget? Where the Assembly service board was given about 100 Million for development and diverted it into recurrent use?

In my opinion, the Ksh 50 Millions that was allocated for development of the assembly is sufficient. Because if they could not use the 100 Million prudently such that, it has ended in court, what do you make of Ksh 350 million that the board is asking for?

On this, I choose to support the public and oppose the speakerQuestion

3) By the way, are you aware that, the Assembly Chambers are always under renovation? That, last year and this year as well it is being renovated as we speak! And that is why, the assembly sittings are being held at Maranatha Church? so not much is lost and let the County Headquarters be Completed, then we look at other things baadae; Let the new County Stadium be constructed so that we can have our youths enjoy their taxes as well. Meanwhile, on the allegations against me, I will treat that as character assassination.

I’m aware that it came from the Speaker who is my leader in the Assembly. And that was simply an emotional response to the Impeachment Motion I’m sponsoring against him for acquiring Bank overdrafts illegally without the approval of the assembly, contrary to Article 212

(b) and Sections 140-143 of the PFMA which made him to ran to Tanzania and retreat there to write an audit report on Financial management of the Assembly and Executive.. Interesting points to read here, the speaker was on the list of the members who were traveling to Mugumu, in Serengeti District, Tanzania.

On that list, about 4 members of the Service board ( hon speaker- Chair of the Service board, Hon Brian Osodo, Hon Mereza Akell, and Ms Vincetia Awino- Ag Clerk), were listed as part of the delegation for the report writing retreat. NOw, how do you go to write a report on an audit which you are being audited?

Note: I’m only doing my oversight, representation and legislative role. That is why I’m earning public money, otherwise, I will be doing a de-service to the public if I watch and keep quiet. Differing in opinion does not warrant to personal attack.