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Matiang'i, Kipsang off the hook as Senate rejects report that recommended their prosecution over Ruaraka Land scam

By Daniel Psirmoi | November 27th 2018

Two top State officials can now sigh with relief after a report recommending their investigation over loss of Sh1.5 billion in Ruaraka land payout was yesterday shot down in the Senate.

The report by the County Public Accounts and Investment Committee had recommended Interior Cabinet Secretary Fred Matiang’i and Education Principal Secretary Belio Kipsang be held accountable for the loss.

The report that was voted out had accused the duo of ignoring recommendations of a Quality Assurance and Standards Assessment report that established the land was public. Homa Bay Senator Moses Kajwang’ is the chairperson of the committee

Fifteen senators voted for the report to be adopted while four were against it.

The development prompted Deputy Speaker Kindiki Kithure to declare the motion lost on technical grounds.

Since the matter concerns counties, the Constitution stipulates that at least 24 senators, which is more than half of the 47 senators, ought to have voted.   

“Pursuant to Article 123  of the Constitution and the Standing Orders 78(2) (c ), the motion is lost,” ruled Prof Kithure.

“The CS and PS be held responsible and further investigated, and if found culpable, be prosecuted for occasioning the loss of Sh1.5 billion in line with Article 226(5) of the Constitution,” the report partly read.

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Drive-In Primary School and Ruaraka High School sit on the disputed 13.5-acre land, which Nairobi businessman Francis Mburu claims ownership.

Senate Minority Leader James Orengo (Siaya) and committee chairperson Kajwang led their colleagues who were for the report in walking out of the House immediately the report was the rejected.

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