The election of chairpersons of the National Assembly Committees did not miss its fair share of interesting moments when a point of order turned into a discussion against former chair of the Budget and Appropriations Committee, Kiharu MP Ndindi Nyoro. 

On Tuesday, Nyoro and the committee he chaired became subject of discussion after Emuhaya MP Omboko Milemba, raised questions on the budget-making process, saying there was money allocated through public participation to different counties.

“Matters budgeting are expressly documented in our Constitution and in particular, matters relating to public participation. There has been practice of the budget committee moving around counties for public participation, they are allocated about Sh2 billion to every county. During this session, this has happened in about 21 counties,” Milemba said.

His concern was that Vihiga was among counties that had a chance for public participation and it was insinuated that it would continue for all to benefit, but Milemba said there was an abuse after the money was inflated beyond Sh2 billion.

“I want to caution that a good practice can be rendered useless if abused by persons holding the seat of chairperson,” Milemba insisted.

Majority and Minority Leaders, Kimani Ichung’wah and Junet Mohamed called to order the activities of the budget committee over what they termed skewed allocations.

“I want to agree with Milemba, it is true the budget public participation process in the budget making process has been grossly abused. That is why you find that in a situation where Sh2 billion was set aside for public participation, those who sat in the budget committee found it prudent or imprudent, whatever the case maybe, to put an additional Sh10 billion,” said Ichungw’ah.

But more worrying, according to Ichung’wah, who has previously chaired the committee, is that if the entire Sh12 billion went to counties slated for the public participation, there would be no problem.

He said the problem has arisen because people with vested interests in those committees use that opportunity to put projects in their own counties and constituencies.

He said the tradition they set right from the 11th Parliament is that money would be set aside for public participation and after a period of four years, all counties would be covered.

“We have now reconstituted the Budget and Appropriations Committee and it will not be business as usual. We will not allow appropriation of money to only their constituencies at the expense of all others because all the 349 members here represent people and lobby for resources,” he said.

He added: “Whoever is elected to committees, especially the budget and appropriations, it is not an opportunity to enrich yourself or allocate resources to your constituencies or counties.”

With little guidance from National Assembly Speaker Moses Wetangula on whether the matter needed a substantive motion against Nyoro, Junet Mohamed took cue from Ichung’wah.

Junet said the committee went round the country for public participation and agreed to use Sh2 billion to allocate those they visited, which ended up ballooning to Sh12 billion.

“It reached to levels where other MPs are going to the chair’s constituency for benchmarking. Again, all of us are supposed to receive CDF, what is making MPs benchmark in a colleague’s constituency?” he posed.

He insisted that the budget committee chair was sitting in an advantageous position and he could skew allocations to his constituency. “Which MP can afford, through NG CDF to build classrooms, plaster them, put windows, roofing, tiles, cabro… which MP can afford that with meagre resources of about Sh100 million and advertise on prime time news?” he posed.

Wetang’ula seeming to allow the discussion, said: “Your leaders (Majority and Minority) have spoken. The holy book says that for everything you do to others, expect it to be done to you. If you feel happy and fair then it is a good thing… For those who serve in the budget committee, you are public trustees, you do not represent yourselves, you represent the country,” he said.

He also lauded the Emuhaya MP for bringing up a critical point of order. And although the subject was discussed as a point of order, a section of Kenyans have questioned whether it was right to handle the matter without a motion being brought against Nyoro.

Questions are also emerging over these attacks on Nyoro, who has been leading the just ended term for Budget and Appropriations Committee, established pursuant to provisions of Standing Order No 207, which comprises a chairperson and not more than fifty other members.

He is on the spot over what his colleagues termed as skewed allocation of funds, which have left some constituencies disadvantaged while his own continues to thrive.

For months on end, Nyoro’s silence has been loud and has kept off major national discourses, including the latest questions raised on overseeing skewed allocation of funds in his tenure.

Once the blue-eyed boy of President William Ruto, which led him to pioneer the anti-Deputy President Rigathi Gachagua push, but quickly chose silence when the matter got hot, Nyoro was no show in the House during Gachugua’s impeachment.

The amended CDF Act 2022 set a new formula for sharing monies to constituencies.

Based on the new formula, constituencies are to share funds, where 75 per cent of the allocation is made equally amongst themselves while the remaining 25 per cent is allocated based on number of wards in each constituency.