THE MEMORANDUM TO TUNAI
REPUBLIC OF KENYA
IN THE MATTER OF ARTICLE 37 OF THE CONSTITUTION OF KENYA
AND
IN THE MATTER OF THE NAROK COUNTY GOVERNMENT
Hon Samuel K. Tanui The Governor Narok County Government
County Government Headquarters
NAROK
26th January, 2015
PETITION PREAMBLE
We the residents of Narok County deeply inspired by the
desire to have good governance and accountable leadership
of our beloved County premised upon the rule of law and
constitutionalism
;
RECOGNIZING that good and accountable governance is the
foundation of a just government; deriving its powers and
policy programs from the consent and general consensus of
the people;
AWARE of the tremendous burden borne by the ordinary
residents of Narok County each day to hold this County
together;
BELIEVING in the self manifest truth: - unity in diversity as
the best option for a prosperous society – where the welfare
of each one of us is the concern of all:
DETERMINED to establish social justice and to secure for
ourselves the protection of our culture, heritage and the fruits
of our labour through a transparent and responsible
leadership;
CONVINCED further that the justified course lies in the
increased empowerment of the people to determine their own
destiny;
RECALLING the sacrifices of our forefathers and of our
eminent sons and daughters of our land in fighting for our
freedom and liberty;
DO HEREBY present this petition seeking that the Governor
and the County Government of Narok forthwith address
redress and rectify the following prevailing injustices:-
1. NAROK COUNTY BUDGET FOR THE FINANCIAL YAER
2013/2014
- KSH 7.3 Billion.
Mr. Governor, Narok County Government Budget for
2013/2014 Financial Year Totals to Ksh 7.3 Billion. The ONLY
developments seen as a result of Ksh 7.3B Sent to the
County Government during the Year is:
1. Public money being paid to cowboy contractors for either
none existent or Incomplete Murram roads purely for
individual enrichment.
2. Hired Helicopter for the Governor three days a week
3. Dilapidated or none existent of Health facilities in public
Hospitals especially Narok General Hospital where patients
die on arrival because of lack of basic utilities like oxygen,
pain killers and your Government being driven by greed and
insensitivity continues to burry its head under the sand
.
1) WE demand for unwavering explanation over the
Expenditure of
Ksh 7.3 Billion budgeted by the Narok County in the year
2013/14
.
2) Unambiquas explanation why your Government, failed to
meet its local revenue targets as promised in the budget of
2013/14.
3) Explanation of all capital projects initiated during the last
financial year
to establish the status of all project s and to determine
whether there is equity in the allocation
.
NOTE: We are in the middle of the Financial Year 2014/2015
where over
Ksh 8 Billion was budgeted and yet NO single development
has been successfully completed.
3. SEGREGATION IN THE PAYMENT OF COUNTY FEES
.
There are Seven (8) Balloon Safaris Businesses and
Operators running in and around the Maasai Mara Game
Reserve. All of them except one,
Skyship Balloon Safaris pay landing fees to the County
Government.
Skyship Balloon Safaris is known by all and sundry that it is
own jointly by Mr. Tunai and Others.
4. NON PAYMENT OF PARK FEES BY BUSINESSES
ASSOCIATED WITH MR. TUNAI
Mr. Governor, it is common knowledge that park entry fees of
all the Clients Lodging in Kichwa Tembo Camps is also
received by Oloololo Game Ranch owned by Mr. Tunai .
Assumption of Revenue received by Mr. Tunai between 2004
and 2014.
Camps Accommodation capacity – 100 Beds Minimum
50% Accommodation capacity is taken in assumption
Each client pay $80 a day(assume each person pay one day
though the normal minimum days clients visiting Mara stay
is two days)
Period in Question is ten (10) years
50 x 80 x 30 days x 12months x 10 years = USD 14,400,000
x 91 (dollar rate) = Ksh 1,310,400,000
We need an explanation as to why your private company
does not pay public money (park Entry fees) to the County
Government like all others.
6. NON – REMITTANCE OF REVENUE BY MARA
CONSERVANCY.
Without any shred of doubt, you were one of the founder
members of the Mara Conservancy; and therefore within your
knowledge that in an existing contract between the Mara
Conservancy and the defunct Trans-Mara County, the
revenue so collected from the Mara Triangle is apportioned
as follows;
45% of that Revenue goes to Mara Conservancy, 36% Trans-
Mara County and 19% to Group Ranches.
It’s a fact that the above revenue collected by the
Conservancy purportedly on behalf of the County Government
of Narok has become your private money and that is the
only logical inference that a common man can draw because
how can the Auditor General fail to capture in its reports the
revenue collection from the Mara Conservancy for the last 10
years. The only institution that is exposing the conservancy
is the Controller of budget. Revenue Collected and Remitted
by Mara Conservancy since the County Government took
over is tabulated herein below [A tip of the ice bag].
Revenue collected and remittance between March 2013 –
Dec 2013
55% potion of revenue expected by the County Government
-Ksh 144,514,519
Actual Remittance as per the Report of Controller of Budget
-Ksh 18,431,075
Actual amount Mr. Tunai retained thro Mara Conservancy.
-Ksh 126,083,444
The Mara Conservancy and KAPS are under the total control
of yourself Mr. Tunai. You retain any amount at will to build
your financial empire to the detriment of the Narok Public
and the National institutions have completely insulated your
activities. You deliberately ensured that the County
Government has no mechanisms of ascertaining how much
Mara Conservancy and KAPS Ltd collects and remit to the
County Revenue Account.
We now demand that you give a clear explanation;
1. That discloses all Collection records of the Mara
Conservancy for the Period between March 2013 to
November 2014 to the public.
2. On the Revenue Collection Records from KAPS since the
start of the contract to be availed to the public for scrutiny.
7. KENYA AIRPORTS PARKING SERVICES (KAPS)
This company appears to have been contracted to collect
revenue in the great Maasai Mara Game Reserve because of
its previous association with the Trans -Mara County
Council. It is not in doubt that you were and still is the
principal player, in the collection of revenue at the Mara
Triangle. By contracting KAPS to collect the revenue from the
larger Maasai Mara, you were simply expanding the revenue
collection empire to serve your personal interests. For
avoidance of doubt, we submit that;
a) There was no proper procurement process in compliance
with the Public Procurement and Disposal Act.
b) That a proper and competitive bidding process was not
complied with.
c) There were no technical qualifications, score awards and
financial requirements to establish whether KAPS Ltd has the
capability and integrity consideration to be granted the
tender.
d) That there was no due diligence conducted to eliminate
issues of conflict of interest involving senior officials of the
County Government and your personal association with KAPS
Ltd.
We demand an explanation from you the Governor on the
management and operation of revenue collection services
offered by the Mara Conservancy and KAPS Ltd. Particularly,
a public scrutiny of the transactions, including Electronic
Money Transfers touching on the collection and distribution
of that revenue from the time when the Agreements were
signed.
8. PROCUREMENT OF GOODS AND SERVICES
There are serious concerns that the procurement process in
the County is flawed and deliberately tilted to favour political
cronies, friends, and merchants of corruption and sycophants
who owe loyalty to you and who have no capabilities to
deliver in the awarded tenders. We are particularly disturbed
that;-
1. In the 2013/2014 Financial Year, 12 Land Cruisers were
budgeted for and the said vehicles procured from TOYOTA
Kenya without competitive bidding. But most importantly the
vehicles have NEVER been delivered.
2. That the procurement and trading processes are not
complied with in accordance with Public Procurement and
Disposal Act.
3. The integrity of the process used to procure County
Government vehicles is suspect.
4. Explanation as to the legality of the hire of a helicopter to
ferry the Governor on almost daily basis at the expense of
the County tax payers. Does this represent value for money?
9. MAASAI MARA COMMUNITY DEVELOPMENT FUND –
FORMERLY 19%
The fund was aimed at benefiting and uplifting the communities living around Maasai Mara Game reserve. This fund is currently being operated as if it was a personal account. Little is known about it because it is locked in great secrecy. It is important that:-
We need an explanation whether the fund is achieving its objectives or being misused.
10. THE MARA CONSERVANCY
There are areas of concern which need clarity in relation to
this conservancy. These Includes:-
Ownership of the company past/present directors.
Signatories to the Mara conservancy accounts.
The contract that awarded it collection of revenue in Mara
triangle and if any law supports this now.
The County Assembly approval of the collection of revenue
by Mara Conservancy and KAPS in Mara triangle and Mara
Game Reserve.
Establishment on whether there is conflict of interest.
The lodges that do not remit part fee to the County.
Thorough audit of the collections done by Mara conservancy
since inception of County Government and how it is remitting
to the County.
STEPS TAKEN BY THE PUBLIC IN PURSUIT OF JUSTICE;
1. Wrote several petttions to the Auditor General for action
2. Wrote several petttions to the Anti- corruption commission
for action
3. Gave His Excellency the president a memorandum raising
our concerns
CONCLUSION
The proper management of public funds and resources are a
cardinal requirement of the Constitution. The governance of
devolved units must meet constitutional requirements and
promote constitutionalism. It must be accountable and
transparent. It must have public participation at all stages.
These standards have not been upheld in Narok County
leading to poor governance, misuse and rampant embezzlement of public funds and resources. The result is wide-spread public dissatisfaction, suspicion and possible confrontation.
We therefore demand that the Governor gives a satisfactory
explanation to the issues raised and must take responsibility
for all misdeeds of his government. The reply of the foregoing
must be within the next 21 days failure to which, we shall be
left with no option but to directly exercise the sovereignty
power of the people as bestowed upo n us by the
Constitution of Kenya forthwith.
DATED AT NAROK this 26th January day of 2015
