Nairobi County Secretary Robert Ayisi risk a six-month jail term or a fine of Sh200, 000 after he failed to honour Public Accounts Committee summons over 2013/14 audit report.
The Nairobi County Assembly is invoking the power and privileges Act 2014 of county assemblies which was signed by the President in March giving the assemblies the same status as Parliament where members do not face legal action for what they utter within the designated premises.
The County Assembly clerk wrote to the DPP Keriako Tobiko asking for his intervention following the failure by Dr Ayisi —accounting officer of the county government — to honour summons by the PAC.
PAC report was deferred from the county assembly after it lacked an accounting officer who could be queried over audit report of possible loss of public money since chief officers are not designated as accounting officers for the county.
In March PAC had summoned the county executive for finance Gregory Mwakanogo to appear but instead, he wrote a letter saying he is not the accounting officer – saying such queries should be directed to the County Secretary, Dr Ayisi.
PAC has since then written thrice to Dr Ayisi to appear but he has failed to, forcing the assembly to invoke the new law.
However Mr Tobiko has ordered an investigation into the complaint and submit the police report file back to his office for perusal and directions within 14 days.
“The clerk under the directions of the speaker of the said assembly has sort the DPP intervention under the provisions of section 34 of the County Assembly Power and Privileges Act 2017, following the failure by one Dr Robert Ayisi the designated accounting officer of the county government executive entities to honor summons by the public account committee,” read a letter dated May 26 by the Deputy DPP Nicholas Mutuku.