A petition filed in parliament has put the position of Controller of Budget (CoB) Margaret Nyakang’o at risk, citing concerns over her alleged failure to meet constitutional mandates regarding budget oversight.

Bernard Muchere, a Fraud Risk Management Consultant, lodged the petition, asserting that Nyakang’o hadn't fulfilled her duties outlined in Article 228(4) and (5) of the Constitution, particularly regarding the oversight of the 2023/2024 budget implementation.

Muchere contends that Nyakang’o's oversight, covering the period from July 1 to December 31, 2023, fell short of constitutional requirements, adversely affecting budget implementation for various government bodies.

“This posed a serious negative effect on budget implementation for the Ministries, Departments, and Agencies (MDAs),” Muchere stated.

According to Muchere, the CoB's report primarily consisted of a statistical analysis of expenditure consumption, failing to focus on effectively controlling withdrawals from the consolidated fund against budgeted expenditure, as mandated by law.

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"By doing so, the CoB acted outside the constitution which states her responsibilities to be among others, oversee the implementation of the budgets of the national and county governments by authorizing withdrawals from public funds under Articles 204, 206, and 207," the petition states.

He further alleges that the CoB authorized withdrawals beyond the limits prescribed by law, which is not within her mandate.

"While the CoB is not mandated to approve any withdrawal from a public fund unless satisfied that the withdrawal is authorized by law, she went ahead and did so," Muchere continued.

Moreover, Muchere questions the discrepancies in expenditure estimates, highlighting instances where the reported figures significantly exceeded those authorized by the Appropriation Act.

In one instance, he points out the reallocation of funds meant for road construction projects, where a substantial reduction in allocation was made, potentially jeopardizing project completion or leading to pending bills.

Consequently, Muchere urges Parliament to establish a select committee to investigate these allegations thoroughly.

The committee, he proposes, should delve into the CoB's purported failure to fulfil her constitutional obligations in overseeing the budget implementation, especially regarding controlling withdrawals from public funds against budgeted expenditure.

If the petition succeeds, it could lead to significant scrutiny of the Controller of Budget's performance and potentially result in repercussions for Nyakang’o's position.