MPs have raised concerns over Sh2.8 million paid as
allowances to examiners at the Council of Legal Education.
The money, spent on examiners, invigilators and moderators,
was not provided for under the Salaries and Remuneration Commission (SRC)
guidelines.
The National Assembly's Public Investments Committee on
Governance and Education questioned the Council's management over how the
decision to pay the allowances was reached.
The anomaly was highlighted in the agency's audit reports
for the 2021-2022 and 2024-2025 financial years.
The committee, chaired by Luanda MP Dick Maungu, is
considering the audit reports.
The council's management was led by chief executive officer
Prof Busalie Jack Mwimali.
Tuesday's session was chaired by committee vice chairperson
and Kasipul MP Boyd Were.
MPs asked the CEO to explain the basis used to determine
payments made to external professionals engaged in setting, moderating,
invigilating and marking examinations.
The lawmakers insisted that public institutions must adhere
to remuneration structures approved by the SRC.
Prof Mwimali defended the council's actions but acknowledged
weaknesses in documentation and pledged to review the payment framework.
"If you look at the report, they are saying the
expenditure includes costs incurred in marking, invigilation and setting exams.
In terms of the amount, it is not the entire figure being referred to. The
reason there was a difference in opinion is that, at that time, the terms of
reference for the service providers were such that it appeared there was a
salary being paid," he said.
According to the CEO, the council has since revised its
terms of reference to clearly distinguish between professional service
providers and salaried employees.
"When we do the setting, marking and moderation of
these examinations, we bring in outsiders who are not our salaried employees.
Therefore, we have modified the documentation to ascertain the nature of the
payments being made," he added.
However, MPs maintained that, regardless of the arrangement
used to engage the professionals, the payments were still subject to SRC
regulations.
Embakasi West MP Mark Mwenje argued the council was
attempting to solve a straightforward problem using the wrong approach.
"What you are doing is not unique. The IEBC does the
same thing. When they recruit temporary staff for voter registration or
elections, they write to SRC, explain the jobs and the duration, and SRC gives
an advisory on allowances and payments. That is how you solve your
problem," Mwenje said.
Citing the Public Procurement and Asset Disposal Act on
hiring individuals for temporary assignments, Mwenje said SRC guidelines must
apply even to temporary personnel.
"If you are procuring services, that is procurement.
But if you are bringing in individuals to do specific jobs for a short period,
you still need SRC guidance. We are going round in circles here, yet the
solution is so simple," he said.
"You still need to go back to SRC. If you follow SRC
guidelines, it will help you recruit people competitively and remunerate them
within the law. Don't reinvent the wheel here; it won't work."
Imenti Central MP Moses Kirima faulted the council, accusing
it of ignoring constitutional provisions governing public expenditure.
"I think the professor is not listening to what the
auditors are saying. There is an authority called SRC which sets allowances for
every category of people, including MPs. The professor cannot tell us there is
another country beyond SRC," Kirima said.
He insisted any payments exceeding the approved rates should
be recovered.
"This is public money. It is not council money. If
anything was paid beyond what was supposed to be paid, then we need to know who
is responsible and who should refund the money. That is where the issue
is," he said.
"I would wish the good professor to agree with us that
the constitution is supreme. There is no law and no decision of any council
that can override the constitution. When it is said that SRC approval is not
required, it means somebody is acting outside the constitution, and that is
unfortunate."
The lawmaker called for a detailed comparison between the
rates paid by the council and those approved by the SRC.
"The auditors should go back and establish what each
person was entitled to receive under SRC guidelines and compare it with what
was actually paid. That is how we will know whether there was any
overpayment," he said.
Were sought an explanation on the basis used to determine
the rates.
"What's the basis of these rates? How did you arrive at
these rates?" Were asked.
"You will be interested to know the correct rates
because it is important for us to establish the variance between what was paid
and what should have been paid."
