MPs fault top state agencies over weak accountability, stalled reforms

A parliamentary committee has raised concerns over weak accountability in several state agencies after top officials admitted to delays, missing investigation files, and incomplete reforms on matters flagged years ago.

The National Assembly’s Committee on Implementation, chaired by Budalangi MP Raphael Wanjala, on Friday questioned the Independent Electoral and Boundaries Commission (IEBC), the Directorate of Criminal Investigations (DCI), the Ethics and Anti-Corruption Commission (EACC), the National Transport and Safety Authority (NTSA), the National Environment Management Authority (NEMA) and the Office of the Attorney General on why Parliament’s resolutions remain pending.

DCI Director Amin Mohammed came under heavy criticism after revealing that files relating to a 2017 IEBC procurement case could not be traced and might never have been acted on since being handed to a former Director of Investigations.

He requested three months to find them, prompting Kajiado Central MP Elijah Memusi to question whether there was any trail to hold officers accountable.

“Is there a trail of who handles the missing files, and to what extent is the officer able to take accountability?” Memusi asked.

Wanjala also accused the DCI of routinely taking too long to act on Parliament’s recommendations, warning that such delays could encourage similar misconduct by future officials.

Amin explained that the probe, which dates back to 2019, involves both local and international companies and would require more time to conclude.

The IEBC, led by CEO Marjan Hussein Marjan, was pressed over Auditor General’s findings from the 2017 financial year showing commissioners had conflicts of interest in the procurement of KIEMS kits, with some voting for preferred suppliers.

The report also cited poor planning that led to direct procurement in violation of the Constitution.

Parliament had recommended that the implicated commissioners, the CEO and the directors vacate office, but no action has been taken.

Marjan defended the process, insisting it was fair and competitive, and pledged cooperation with investigators.

“The Commission appreciates that the above recommendation is outward bound and that action is required of relevant investigative agencies. We commit to cooperating with relevant investigative agencies that may institute the suggested investigations. The Commission is law-abiding,” he said.

MPs also questioned why 210 motor vehicle logbooks were still registered under the defunct Electoral Commission of Kenya in the 2021 audit and why IEBC’s asset register remained outdated.

Representatives from the Attorney General’s office asked for one month to prepare a detailed report on recovery measures.

EACC’s George Ojowi informed the committee that the agency had completed the prosecution of former IEBC chairperson Humphrey Oswago and five others over the irregular award of a 2012/2013 tender for Electronic Voter Identification Devices (EVID).

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• MPs fault top state agencies over weak accountability
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NTSA and NEMA were also put on the spot, with MPs directing them to make their recruitment processes more inclusive by expanding the reach of job advertisements to more ethnic groups.

The hearings will continue on Saturday, August 9, with Rivatex and the Higher Education Loans Board (HELB) expected to appear before the committee.