Controller of Budget Margaret Nyakang’o has cited threats to her life, budgetary constraints and gaps in the law as major factors that have frustrated her office in carrying out its constitutional duties.
Appearing before the Constitutional Implementation Oversight Committee (CIOC) of the National Assembly, Dr Nyakang'o told MPs that despite exposing corruption in the counties through her reports, she sometimes felt unsafe.
"Sometimes I feel unsafe but the law has protected me. I'm here to carry out my duties under the law," Dr Nyakang'o said.
She cited her arrest in Mombasa in December last year over complaints made against her and 10 others in 2016, before she became the Controller of Budget, as some of the threats she has faced while performing her duties.
"The fact that I hold a protected office was ignored and I was abducted to Mombasa, yes members, I was abducted but I'm here in the office without fear or favour," Dr Nyakang'o said.
Dr Nyakang'o, who appeared before the committee to shed light on the scope of the Controller of Budget's mandate, said the law is skewed against her office as it has no prosecutorial powers despite dealing with high voltage reports.
"We find ourselves with no teeth to bite, but our reports bite and they bite deep. We may not be prosecuting or arresting anyone, but our reports are having an effect," said Dr Nyakang'o.
She also cited Section 9 (4) of the COB Act, which prohibits her from participating in any aspect of the budget implementation process.
She questioned why she should approve money for expenditure and then be excluded when it comes to the use of the same funds.
She singled out Section 9 (4) of the COB Act which excludes her from participating in all facets of the budget implementation process.
"Section 9 (4) of the Act should be amended to allow the COB to report on all facets of budget implementation as provided for in the Constitution. Under the current provisions, the COB is barred from reporting on economic developments and prospects including revenue, grants, loans projections and receipts," said Dr Nyakang'o.
Dr Nyakang'o told the Gathoni Wamuchomba-led committee that budgetary constraints were also part of the problems her office faced in carrying out its mandate.
"The Auditor General's office gets close to Sh9 billion while we only get Sh700 million to work with for the whole year and yet we cover the whole country," Dr Nyakang'o said.
"I also have a very lean staff but very efficient," she added.
Dr Nyakang'o, who also lamented that the discriminatory salary structure imposed on her office and the further delay in implementing the COB recommendations by the accounting officers often posed hurdles to the efficient execution of her office's functions.
"If you look at our salary structure, we have been discriminated against compared to other similar offices in the country...in consultation with the Directorate of Public Service Management (DPSM), the office has developed a salary structure to attract and retain qualified staff. Goodwill and budgetary support are needed for effective implementation," Dr Nyakang'o told MPs.
On dealing with questionable pending bills that have been choking the country over the years, the Budget Controller said the country needs to look at its revenue targets because that is where the problems emanate from.
"We exaggerate the revenue that we are going to collect, that's why we make commitments to vendors that later we can't honour because of revenue shortfalls," said Dr Nyakang'o.
Ms Wamuchomba assured the CoB that the committee would support her office with all the necessary legislation to help her carry out her duties.
"From the onset, it looks like the drafters of this constitution wanted the office of the Controller of Budget to fail because why should you approve the release of money but be excluded in the expenditure process?" Ms Wamuchomba asked.
The committee has scheduled another meeting with Dr Nyakang'o next week to discuss legislative proposals aimed at strengthening the incumbent in the discharge of her mandate.
