By Anchor Special Correspondent

Mr. Peter Kilonzo has refuted allegations  forming the basis for the Motion for his Removal from Office as the County Executive Committee Member for Finance, Economic Planning, and Revenue Management.

The motion for the removal of Mr. Peter Mwikya Kilonzo is anchored on allegations of gross violation of the Constitution or any other law, incompetence, abuse of office, and gross misconduct.

The Assembly has cited several grounds, particularly focusing on breaches of the Public Finance Management Act, the Constitution of Kenya 2010, and other legal frameworks.

1. Gross Violation of the Constitution of Kenya and Other Laws

The motion alleges that Mr. Kilonzo contravened Chapter Six of the Constitution of Kenya, the Leadership and Integrity Act (2012), and the Public Officer Ethics Act (2003), all of which emphasize integrity, accountability, and transparency in public service. Specifically, the Assembly claims that Mr. Kilonzo undermined the principle of separation of powers and public participation, contrary to Articles 1, 10, 118, 175, and 196 of the Constitution, Section 91 of the County Governments Act (2012), and Section 130 of the Public Finance Management (PFM) Act (2012), as amended by Section 11(4) & (5) of the County Allocation of Revenue Act

The violation arose from the submission of the Kitui County Supplementary Budget I for FY 2024/2025 received on October 18, 2024. 

The budget allegedly unlawfully reallocated Kshs. 133,042,008 from the County Assembly’s approved annual budget. This included:

Kshs. 100 million that had been allocated for the construction of a modern office block for the County Assembly.

Kshs. 33,042,008 allocated for constructing Ward Offices for Members of the County Assembly (MCAs).

The Assembly argues that these reallocations were not only unlawful but also eroded the Assembly’s financial independence and subverted public participation. Section 130 of the PFM Act (as amended) requires unspent funds from the previous financial year to be reallocated to the County Assembly within two months of the new financial year’s commencement.

By reallocating these funds contrary to the law and public interest, Mr. Kilonzo allegedly undermined the principles of transparency and accountability enshrined in Articles 10 and 118 of the Constitution and violated the Assembly’s oversight role.

Response from the County Executive:
The County Executive contends that the budget reallocations were necessitated by practical challenges.

Specifically, the construction of the County Assembly Office Block had been capped at Kshs. 250 million by a Ministry of Public Works circular issued in 2018. Despite the contract being awarded in 2022, the County Assembly later reviewed and reduced the contract sum to align with the cap.

The project’s funds were revoted in FYs 2022/2023 and 2023/2024 due to low absorption, prompting concerns from the Controller of Budget (CoB) about the underutilization of public funds.

The Executive explains that only Kshs. 86,997,555 can be absorbed in the current financial year, as confirmed by technical officers (engineers and surveyors). Allocating the full amount of Kshs. 190,558,553 would result in an unsustainable monthly absorption rate of Kshs. 21 million, far above the feasible maximum of Kshs. 10 million.

Therefore, the Executive redirected Kshs. 100 million to priority programs in Health, Water, and Roads, consistent with Article 201(d) of the Constitution, which mandates prudent use of public funds.

2. Violation of Section 135 of the Public Finance Management Act, 2012

The motion further accuses Mr. Kilonzo of contravening Section 135 of the PFM Act, 2012 and Regulation 39(3) & (8) of the PFM (County Governments) Regulations, 2015.

These provisions allow supplementary budgets to cater only to unforeseen and unavoidable needs or reallocate funds within approved budgets. The submitted Kitui County Supplementary Budget I allegedly introduced new projects without meeting these legal qualifications. Examples cited include:

1. Purchase of Computers, Printers, and IT Equipment for the Office of the Deputy Governor, amounting to Kshs. 1,241,700.

2. Kshs. 15 million allocated for the Youth Engagement Forum under the Ministry of Culture, Sports, and Youth Development, which had already incurred expenditures before the supplementary budget approval.

3. Kshs. 10 million allocated for the Governor’s Cup (a football tournament) under the same Ministry.

The Assembly argues that introducing these new projects violated Regulation 39(8), which prohibits introducing new policy initiatives in supplementary budgets without justification of unforeseen urgency. Additionally, the motion accuses Mr. Kilonzo ofl priorities raised during budget consultations.

Response from the County Executive:

The County Executive defends the allocations, asserting they align with broader goals for revenue enhancement, youth empowerment, and economic stimulation.

Automation and Digitization (Kshs. 1,241,700): The purchase of IT equipment is part of Kitui County’s Automation and Digitization Initiative, which seeks to boost revenue collection, reduce leakages, and streamline financial processes.

Given Kitui’s revenue potential of Kshs. 1.6 billion and its actual collection of Kshs. 646 million in FY 2023/2024, automation is deemed necessary to achieve revenue targets.

Youth Engagement Forum (Kshs. 15 million): The forum addresses youth unemployment and discontent by providing opportunities for dialogue, showcasing economic opportunities, and promoting self-reliance. Scheduled for November 15, 2024, the event will involve 1,000 youth from 247 villages, stakeholders, and exhibitors in thematic areas like Agriculture, ICT, and Creative Arts.

Governor’s Cup Football Tournament (Kshs. 10 million): The initiative aims to identify and nurture football talent while addressing social issues like drug abuse and promoting economic activity through grassroots engagement.

The tournament is also part of Kitui’s preparation for the Kenya Youth Inter-County Sports Association (KYISA) Games.

The County Assembly’s motion accuses Mr.  Kilonzo of violating statutory provisions on public finance management, undermining the Assembly’s oversight role, and failing to align budgetary priorities with public needs.

However, the County Executive’s response highlights practical challenges such as low absorption rates, revenue constraints, and the necessity to reallocate funds to priority programs and initiatives aimed at economic growth and youth empowerment.

The assembly votes on thr motion today aftetnoon. Its  resolution will depend on whether the Assembly finds the Executive’s justifications satisfactory or determines that the actions by Mr. Kilonzo constitute grounds for removal as outlined under the County Governments Act, 2012.

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