Auditor General's Report on A.I.C. Nyayo Girls Secondary School uncovers tender manipulation, fraud, and kickback payments involving Principal Jean Waweru
The most recent report from the Auditor General for the fiscal year ending June 30, 2024, exposes significant corruption at A.I.C. Nyayo Girls Secondary under Principal Jean Waweru's administration.
It
details the manipulation of tenders, the accumulation of substantial pending
bills, and financial mismanagement, which likely resulted in the loss of public
funds. Stakeholders are now urging the EACC and the DCI to thoroughly
investigate the alleged fraudulent activities and the loss of public funds,
insisting that those found responsible should be held accountable for their
corrupt dealings.
Supporters
of the report accuse Jean Waweru of leading a tenure characterized by coercion,
intimidation, and threats against those who held differing opinions.
Payments
Without Electronic Tax Register Receipts
he
statement of receipts and payments indicates total payments of Kshs.12,334,900.
Included in this total is Kshs.706,830 paid to various suppliers, which lacked
supporting Electronic Tax Register (ETR) receipts.
This
situation contravenes the Value Added Tax Regulations as outlined in the VAT
Act of 2013 (now repealed), which stipulates that a valid tax invoice must, at
a minimum, include an electronic signature generated by an Electronic Signature
Device (ESD) or an ETR receipt attached to the commercial invoice.
Consequently, Management has violated the law.
lrregular
Use of Cash to Procure Goods, Works and Services
The
statement of receipts and payments reveals total payments amounting to
Kshs.12,334,900. This total includes Kshs.706,830 disbursed to various
suppliers, which did not have the necessary supporting Electronic Tax Register
(ETR) receipts. Such a scenario is in violation of the Value Added Tax
Regulations as specified in the VAT Act of 2013 (now repealed), which requires
that a legitimate tax invoice must, at the very least, contain an electronic
signature produced by an Electronic Signature Device (ESD) or an ETR receipt
attached to the commercial invoice. As a result, Management has breached the
law.
Long Outstanding Payables
The statement of financial assets
and financial liabilities reflects payables balance of Kshs.7,785,124 as
disclosed in Note 12 to the financial statements. However, included in the
balance are payables balance of Kshs.3,360,'146 which had been outstanding from
the previous year.
This was contrary to Section
53(8) of the Public Procurement and Asset Disposal Act, 2015 which states that
'an Accounting Officer shall not commence any procurement proceedings until
satisfied that sufficient funds to meet the obligations of the resulting
contract (s) are reflected in approved budget estimates'. ln the circumstances,
the School Management was in breach of the law and there is risk loss of public
funds through litigations, interests and penalties.
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