Auditor Generals Report On National Government Funds 2021 2022
Auditor Generals Report On National Government Funds 2021 2022
Auditor Generals Report On National Government Funds 2021 2022
REPORT ON
NATIONAL GOVERNMENT FUNDS
2021/2022
VISION
Making a difference in the lives and
livelihoods of the Kenyan people
MISSION
Audit services that impact on effective and
sustainable service delivery
OF
THE AUDITOR-GENERAL
FOR
FOR
2021/2022
Table of Contents
Vote Page
Foreword ........................................................................................................................ iv
Introduction ................................................................................................................... vii
1071 The National Treasury ...................................................................................................... 1
1. Equalisation Fund ...................................................................................................... 1
2. Contingencies Fund................................................................................................... 2
3. Petroleum Development Levy Fund (Holding Account) .............................................. 3
4. Rural Enterprise Fund................................................................................................ 3
5. Covid-19 Emergency Response Fund ....................................................................... 4
6. State Officers and Public Officers Car Loan Scheme Fund........................................ 5
7. Government Clearing Agency Fund ........................................................................... 6
8. Treasury Main Clearance Fund ................................................................................. 7
9. Kenya Local Loans Support Fund .............................................................................. 9
10. African Union and Other International Organizations Subscription Fund ..................10
11. Credit Guarantee Scheme ....................................................................................... 11
12. Public Service Superannuation Fund .......................................................................11
13. Provident Fund ........................................................................................................12
14. European Widows and Orphans Pension Fund .......................................................13
15. Asian Officers Family Pensions Fund ......................................................................14
16. Asiatic Widows and Orphans Pension Fund ............................................................15
1072 State Department for Planning ....................................................................................... 16
1. National Government Constituencies Development Fund .........................................16
2. Women Enterprise Fund ...........................................................................................16
3. National Government Affirmative Action Fund ..........................................................17
1021 State Department for Interior and Citizen Services ..........................................................20
1. National Humanitarian Fund .....................................................................................20
2. Government Press Fund...........................................................................................21
1023 State Department for Correctional Services ....................................................................23
1. Prison Industries Revolving Fund .............................................................................23
2. Prison Farms Revolving Fund...................................................................................25
1091 State Department for Infrastructure .................................................................................27
1. Mechanical and Transport Fund ...............................................................................27
2. Roads Annuity Fund .................................................................................................30
1092 State Department for Transport .......................................................................................32
1. Railway Development Levy Fund (Holding Account) ................................................32
1094 State Department for Housing and Urban Development ..................................................33
1. Civil Servants Housing Scheme Fund.......................................................................33
2. Kenya Slum Upgrading, Low Cost Housing and Infrastructure Trust Fund................37
1095 State Department for Public Works .................................................................................42
1. Stores and Services Fund ........................................................................................42
1112 Ministry of Lands and Physical Planning .........................................................................44
1. Land Settlement Fund ..............................................................................................44
1132 State Department for Sports ............................................................................................46
1. Sports, Arts and Social Development Fund ..............................................................46
1152 Ministry of Energy ........................................................................................................... 50
1. Petroleum Development Fund ..................................................................................50
2. Kenya Energy Sector Environment and Social Responsibility Programme Fund ......51
1162 State Department for Livestock .......................................................................................54
1. Veterinary Services Development Fund ....................................................................54
1169 State Department for Crop Development and Agricultural Research ...............................56
1. Commodities Fund………………………………………………………………………….57
ii
2. Petroleum Training Levy Fund ..................................................................................71
1212 State Department for Gender ..........................................................................................74
1. Uwezo Fund .............................................................................................................74
1213 State Department for Public Service................................................................................76
1. National Youth Service - Mechanical and Transport Fund ........................................76
1224 State Department for Youth Affairs ..................................................................................78
1. Youth Enterprise Development Fund ........................................................................78
1281 National Intelligence Service ...........................................................................................81
1. Intelligence Service Development Fund ....................................................................81
1311 Office of the Registrar of Political Parties ........................................................................82
1. Political Parties Fund ................................................................................................82
2041 Parliamentary Service Commission .................................................................................83
1. Parliamentary Catering Fund ....................................................................................83
iii
Foreword
This report, is a compilation of the audit reports of National Government Funds for the
year ended 30 June, 2022.
The Auditor-General is mandated by the Constitution of Kenya, under Article 229, to audit
and report on the use of public resources by all entities funded from public funds. These
entities include the National Government, County Governments, the Judiciary,
Parliament, Statutory Bodies/State Corporations, Commissions, Independent Offices,
Public Debt, Political Parties funded from public funds, other government agencies and
any other entity funded from public funds. In addition, Article 229(6) requires the Auditor-
General to confirm whether or not public resources have been applied lawfully and in an
effective way. The mandate of the Auditor-General is further expounded by the Public
Audit Act, 2015.
Article 229 (7) of the Constitution requires the Auditor-General to audit and submit reports
to Parliament or the relevant County Assembly within six (6) months after the end of the
financial year. However, Section 81(4) of the Public Finance Management Act, 2012,
reduces the timeline to three (3) months by giving entities leeway up to the end of
September to prepare and submit financial statements for audit. This reduces the duration
for audit and reporting from six (6) months given by the Constitution to three (3) months.
This has been adversely affecting the timelines for reporting, leading to backlogs and
affecting the efficiency and effectiveness for oversight by Parliament and the County
Assemblies.
iv
The Office of the Auditor-General has been continuously improving on the effectiveness
and quality of the audit process to ensure that the results of audit and the
recommendations thereof are credible, relevant, reliable and value adding. This is geared
towards influencing improved decision making and positive impact on the lives and
livelihoods of citizens and other stakeholders. Provision of quality and effective audit
services and confirmation of the lawfulness and effectiveness in programme
implementation requires comprehensive scrutiny and evaluation of supporting
documents. Most critical is the physical confirmation of the existence and utilization of
projects or programmes implemented throughout the country. To achieve this requires an
independent and well-resourced audit Office with guaranteed adequate funding to enable
efficient, effective and timely execution of the audit cycle as well as retention of optimal
staffing levels to ensure continuous, quality and sustainable audit operations.
The Office continues to seek financial independence and support from Parliament and
The Executive through The National Treasury for enhancement of resources to enable it
build technical capacity, expand its presence in the counties, widen the scope and
comprehensiveness of audit and motivate staff. We continue to devolve our services
closer to the people through establishment of regional offices and construction of office
premises to accommodate our staff in order to address the audit needs at the grassroot
level. During the year under review, we established the Upper North Regional Office in
Isiolo and the North Western Regional Office in Kitale. We have so far constructed
regional offices in Garissa, Kakamega and Eldoret, while construction works in Embu is
almost complete. Plans for construction of our Headquarters in Nairobi, which is currently
at the design stage, has been delayed by lack of funding. However, the Office continues
to make appeals to Parliament and The National Treasury for adequate funds to enable
us perform our functions and achieve our mandate in enhancing accountability across
government, both at the national and county levels, and in all other entities funded from
public funds.
The audit scope has been expanding over the years due to the expansion of government
programs to ensure sustainable development and delivery of continuous and quality
services to the citizens. This has led to growth in the national budget and formation of
additional entities that I am required to audit and report on. All the over nine thousand
(9,000) Public Secondary Schools were from 30 June, 2022 required to prepare and
submit financial statements to the Auditor-General for audit and quite a number have
complied. In addition, I am required to audit and report on financial statements for all the
three hundred and fifty-eight (358) Level 4 hospitals and fourteen (14) Level 5 hospitals
separately. In the current financial year, I am also required to audit a total of two hundred
and eighteen (218) Technical and Vocational Education and Training (TVET) Institutions
and the number could increase as we are currently undertaking an evaluation exercise
with the State Department for Technical, Vocational Education and Training to identify all
institutions funded by the Exchequer including the Community Vocational Training
Institutions that are estimated to be over one thousand and two hundred (1,200)
Institutions. In addition, new projects and funds have been created that require timely
oversight.
v
1.0 Introduction
The Auditor-General is mandated by the Constitution of Kenya, under Article 229, to audit
and report on the use of public resources by all entities funded from public funds. These
entities include; the National Government, County Governments, the Judiciary,
Parliament, Statutory Bodies/State Corporations, Commissions, Independent Offices,
Public Debt, Political Parties funded from public funds, other government agencies and
any other entity funded from public funds. The mandate of the Auditor-General is further
expounded by the Public Audit Act, 2015.
The Constitution requires the Auditor-General to audit and submit the audit reports of the
public entities to Parliament and the relevant County Assemblies by 31 December, every
year. In carrying out the mandate, the Auditor-General, is also required, under Article
229 (6) to assess and confirm whether the public entities have utilised the public
resources entrusted to them lawfully and in an effective way.
Further, the objects and authority of the Auditor-General, as outlined in Article 249 of the
Constitution, are: to protect the sovereignty of the people; to secure the observance by
all State Organs of democratic values and principles; and, to promote constitutionalism.
The Auditor-General has also been given powers by the Constitution, under Article 252,
to conduct investigations, conciliations, mediations and negotiations and to issue
summons to witnesses for the purpose of investigations.
Management is responsible for the preparation and fair presentation of the financial
statements in accordance with the International Public Sector Accounting Standards
(IPSAS), as prescribed by the Public Sector Accounting Standards Board (PSASB), and
for the submission of the financial statements to the Auditor-General in accordance with
the provisions of Section 47 of the Public Audit Act, 2015.
Further, Management is required to ensure that the activities, financial transactions and
information reflected in the financial statements, are in compliance with the law and other
relevant or applicable authorities, and that public resources are applied in an effective
way.
Those charged with governance are responsible for overseeing the financial reporting
process, reviewing the effectiveness of how each Management monitors compliance with
relevant legislative and regulatory requirements, ensuring that effective processes and
vii
systems are in place to address key roles and responsibilities in relation to governance
and risk management, and ensuring the adequacy and effectiveness of the control
environment.
1.3 Auditor-General’s Responsibility
My responsibility is to conduct an audit of the financial statements in accordance with
the International Standards of Supreme Audit Institutions (ISSAIs), and to issue an
auditor’s report. The audit report includes my opinion as provided by Section 48 of the
Public Audit Act, 2015, and the report is submitted to Parliament in compliance with
Article 229(7) of the Constitution.
In addition, Article 229(6) of the Constitution requires me to express a conclusion on
whether or not, in all material respects, the activities, financial transactions and
information reflected in the financial statements are in compliance with the law and other
authorities that govern them, and that public resources are applied in an effective way. I
also consider the entities’ control environment in order to give an assurance on the
effectiveness of internal controls, risk management and governance processes and
systems, in accordance with the provisions of Section 7(1)(a) of the Public Audit Act,
2015.
In addition, the International Standards of Supreme Audit Institutions (ISSAIs), require the
incorporation of Key Audit Matters in the report on the financial statements, which are
those matters that I determine in my professional judgment, are of most significance in
the audit of the financial statements as a whole, for the year under review.
viii
iii. Report on Effectiveness of Internal Controls, Risk Management and
Governance, in which I give a conclusion on whether internal controls, risk
management and overall governance were effective.
I have expressed different types of audit opinions based on the following criteria:
a) Unmodified Opinion
The books of accounts and underlying records agree with the financial statements and
no material misstatements were found. The financial statements present fairly, in all
material respects, the operations of the entity. The financial statements with Unmodified
Opinion are listed in Appendix A.
b) Qualified Opinion
Financial transactions were recorded and are to a large extent in agreement with the
underlying records, except for cases where I noted material misstatements or omissions
in the financial statements. The issues though material, are not widespread or persistent.
The financial statements with Qualified Opinion are listed in Appendix B.
c) Adverse Opinion
The financial statements exhibit significant misstatements with the underlying accounting
records. There exists significant disagreement(s) between the financial statements and
the underlying books of accounts and/or standards. These problems are widespread,
persistent and require considerable interventions by the management to rectify. The
financial statements with Adverse Opinion are listed in Appendix C.
d) Disclaimer of Opinion
The financial statements exhibit serious and significant misstatements that may arise from
inadequate information, limitation of scope, inadequacy or lack of proper records such
that I was not able to form an opinion on the financial operations. The financial statements
with Disclaimer of Opinion are listed in Appendix D.
The key findings noted during the audit of the financial statements for the year ended
30 June, 2022 are highlighted in the ensuing pages.
ix
THE NATIONAL TREASURY – VOTE 1071
EQUALISATION FUND
1. There were no material issues noted during the audit of the financial statements of the
Fund.
REPORT ON LAWFULNESS AND EFFECTIVENESS IN USE OF PUBLIC
RESOURCES
Basis for Conclusion
2. Non-Compliance with the Constitution
Article 204(1) of the Constitution of Kenya requires one half per cent (0.5%) of all the
revenue collected by the National Government each year, calculated on the basis of the
most recent audited accounts of revenue received as approved by the National Assembly,
be paid into the Equalisation Fund.
As reported in the previous year, review of the financial statements for the Equalisation
Fund for the year ended 30 June, 2022 revealed that only an amount of
Kshs.12,400,000,000 out of the expected Kshs.44,517,739,850 of the total entitlement
from the financial years 2011/2012 to 2021/2022 had been transferred to the Equalisation
Fund Account as tabulated below:
Amount of Amount
Approved Audited Equalisation Fund Transferred to
Financial Revenues Entitlement the Fund
Year Base Year (Kshs.) (Kshs.) (Kshs.)
2011/2012 2008/2009 468,151,970,000 2,340,759,850
2012/2013 2009/2010 529,300,000,000 2,646,500,000
2013/2014 2009/2010 529,300,000,000 2,646,500,000
2014/2015 2012/2013 776,900,000,000 3,884,500,000 6,400,000,000
2015/2016 2012/2013 776,900,000,000 3,884,500,000
2016/2017 2012/2013 776,900,000,000 3,884,500,000 6,000,000,000
2017/2018 2012/2013 776,900,000,000 3,884,500,000
2018/2019 2012/2013 776,900,000,000 3,884,500,000
2019/2020 2012/2013 776,900,000,000 3,884,500,000
2020/2021 2016/2017 1,357,698,000,000 6,788,490,000
2021/2022 2016/2017 1,357,698,000,000 6,788,490,000
Total 8,903,547,970,000 44,517,739,850 12,400,000,000
The National Treasury had not remitted the outstanding balance of Kshs.32,117,739,850
to the Fund as at 30 June, 2022. Further, it is not clear if the Fund will receive the accrued
1
share of revenue tabulated above. Lack of disbursements casts doubt on realisation of
the Fund’s intended objective of providing basic services to the marginalized areas.
However, Management had indicated that the Equalisation Fund Appropriation Bill, 2022
was prepared and submitted to the National Assembly to authorise the disbursements of
funds due to the Equalisation Fund including the allocation for the 2021/2022 and
2022/2023 financial years, but the Bill had not been passed at the time of the audit.
Conclusion
3. There were no material issues relating to effectiveness of internal controls, risk
management and governance.
CONTINGENCIES FUND
2
PETROLEUM DEVELOPMENT LEVY FUND (HOLDING ACCOUNT)
3
the Fund account for the same year reflected a balance of Kshs.397,908,774. The
significant difference of Kshs.399,737,162 between the two sets of records had not been
reconciled or explained as at 30 June, 2022.
Emphasis of Matter
12. Delay in Winding Up the Fund
I draw your attention to Part 6.3 of the financial statements which discloses that an order
for the winding up of the Rural Enterprise Fund was issued by the Minister for Finance,
through Legal Notice No.97 of 29 June, 2012 issued vide Kenya Gazette Supplement
No. 119 dated 14 September, 2012.
As previously reported, The National Treasury had formed a task force on the winding up
of dormant funds which included the Rural Enterprise Fund. Further, The National
Treasury, in consultation with the Attorney General developed a Cabinet Memorandum
on winding up of the dormant funds. This effort resulted to Revocation Orders which were
approved by the Cabinet. However, no evidence was provided to confirm whether the
Repeal Act had been passed by the National Assembly.
My opinion is not modified in respect of this matter.
13. There were no material issues relating to lawfulness and effectiveness in use of public
resources.
Conclusion
14. There were no material issues relating to effectiveness of internal controls, risk
management and governance.
4
REPORT ON LAWFULNESS AND EFFECTIVENESS IN USE OF PUBLIC
RESOURCES
Conclusion
16. There were no material issues relating to lawfulness and effectiveness in use of public
resources.
In the circumstances, the accuracy and completeness of the cash and cash equivalents balance
of Kshs.655,415,103 could not be confirmed.
Emphasis of Matter
19. Low Uptake of Loans by State Officers and Public Officers
I draw your attention to Part I(a) on the background information in the financial statements
which discloses that the State Officers and Public Officers Motor Car Loan Scheme Fund
was established in 2015 through Legal Notice No.195 of 25 September, 2015 and
pursuant to guidelines provided by Salaries and Remuneration Commission on Car Loan
benefit for State Officers and Other Public Officers in December, 2014. The Fund has
however experienced low response from state officers and public officers which
compelled Management to invest in Treasury Bills so that the allocated funds do not lie
idle. The loans disbursement performance remains relatively low at 5.04% (2021 - 3.81%)
in comparison to the total current assets of Kshs.3,694,323,469 held in the Fund’s
accounts as at 30 June, 2022. The objective and purpose for which the Fund was
established may not be achieved.
My opinion is not modified in respect of this matter.
5
Other Matter
20. Budgetary Control and Performance
The statement of comparison of budget and actual amounts reflects final revenue budget
and actual on comparable basis of Kshs.167,000,000 and Kshs.83,242,753 respectively
resulting to an under-collection of Kshs.83,757,247 or 50% of the budget. Similarly, the
statement reflects final expenditure budget and actual on comparable basis of
Kshs.3,572,105,000 and Kshs.3,086,670,681 respectively resulting to an
under-expenditure of Kshs.485,434,319 or 13% of the budget.
The undercollection and underperformance affected the planned activities of the Fund
and may have impacted negatively on service delivery to the public.
REPORT ON LAWFULNESS AND EFFECTIVENESS IN USE OF PUBLIC
RESOURCES
Conclusion
21. There were no material issues relating to lawfulness and effectiveness in use of
public resources.
REPORT ON EFFECTIVENESS OF INTERNAL CONTROLS, RISK MANAGEMENT AND
GOVERNANCE
Conclusion
22. There were no material issues relating to effectiveness of internal controls, risk
management and governance.
6
Government Clearance Agency Fund. Further, The National Treasury, in consultation
with the Attorney General, developed a Cabinet Memorandum on winding up of the
dormant funds. This effort resulted to Revocation Orders which were approved by the
Cabinet. However, there was no evidence provided to indicate that the Repeal Act had
been passed by the National Assembly. Management has, therefore, continued to
prepare financial statements for a dormant fund over the years.
7
28. Unsupported Deficit Balance Brought Forward
The statement of financial position reflects a net financial position (closing fund balance)
of Kshs.13,128,505 which consists of a fund balance and deficit brought forward of
Kshs.14,000,000 and Kshs.871,495 respectively. However, as previously reported the
balances were not supported by any reconciliation statement.
In the circumstances, the accuracy of the closing fund balance of Kshs.13,128,505 as at
30 June, 2022 could not be confirmed.
Emphasis of Matter
29. Delay in Winding Up of the Fund
As reported previously, the Fund has been dormant for eleven (11) years. The National
Treasury formed a Task Force on the winding up of dormant funds which included the
Treasury Main Clearance Fund. Thereafter, The National Treasury sought and got legal
opinion and recommendations from the Attorney General on the winding up of the Fund.
A Cabinet Memorandum on winding up of the dormant funds was forwarded to the
Attorney General in September, 2019 who advised that draft Revocation Orders be
prepared on the same.
The Revocation Orders were prepared and submitted to the Cabinet for consideration
and approval. On 2 March, 2021, the Head of Public Service communicated to the Cabinet
approval for Revocation Order of the dormant funds. The Revocation Orders were
submitted to the Attorney General’s Office for onward transmission to the National
Assembly for approval of the winding up of the dormant funds on 12 April, 2021. However,
there was no evidence provided to confirm that the Revocation Orders had been passed
by the National Assembly and the process of winding up of the Fund had not been
completed by the time of the audit.
Conclusion
30. There were no material issues relating to lawfulness and effectiveness in use of public
resources.
8
KENYA LOCAL LOANS SUPPORT FUND
REPORT ON THE FINANCIAL STATEMENTS
Basis for Disclaimer of Opinion
32. Unsupported Balances in the Financial Statements
As previously reported, the statement of assets and liabilities reflects Kshs.9,045,400,
Kshs.6,364,973 and Kshs.71,595,406 in respect of the bank balance, investments at cost
and accounts receivables - accrued interest respectively. However, the amounts were not
supported with ledgers, trial balance and schedule of details or any verifiable documents
from which the interest was receivable.
In the circumstances, the accuracy and validity of the balances as at 30 June, 2022 could
not be confirmed.
33. Delay in Winding Up the Fund
As reported previously, the Fund has been dormant since June, 2006. Review of records
revealed that The National Treasury had formed a task force on the winding up of dormant
funds which included the Kenya Local Loans Support Fund. Further, The National
Treasury, in consultation with the Attorney General developed a Cabinet Memorandum
on winding up of the dormant funds. This effort resulted to Revocation Orders which were
approved by the Cabinet. However, there was no evidence provided to confirm that the
Repeal Act had been passed by the National Assembly. Management has over the years
continued to prepare financial statements using opening balances.
9
AFRICAN UNION AND OTHER INTERNATIONAL ORGANIZATIONS
SUBSCRIPTION FUND
36. There were no material issues noted during the audit of the financial statements of
the Fund.
Emphasis of Matter
37. Multiple Laws Guiding Operations of the Fund
As previously reported, I draw your attention to overview on the Fund financial statements
which indicates that the Fund was established under a Gazette Notice No. 10 of 2017, in
exercise of Section 24 of the Public Finance Management Act, 2012. The Public Finance
Management (African Union and Other International Organizations Subscription Fund)
Regulations, 2017 established the African Union and Other International Organizations
Subscription Fund through which Kenya’s contributions to African Union and Other
International Organizations across all Government agencies were to be paid. Until 2017,
the Government through The National Treasury had been paying subscriptions to
International Organizations through Vote R53 – Consolidated Fund Services -
Subscriptions to International Organizations under various pieces of legislation namely:
International Finance Corporation Act, CAP 466, International Development Association
Act, CAP 465, Bretton Woods Agreements Act, CAP 464, the African Development Bank
Act, CAP 492 and the Multilateral Investment Guarantee Agency Convention,1988
(Revised 2010).
Previously, the Ministries, Departments and Agencies, (MDAs) had been remitting such
subscriptions through their voted provisions within their budgets. The establishment of
the African Union and Other International Organizations Subscription Fund therefore
rendered all other individual voted provisions to be consolidated and budgeted under one
umbrella body, the African Union and Other International Organizations Subscription
Fund.
Management had not caused the revocation or repealing of the earlier laws to be in
tandem with the current legislation and therefore avert the risk of making multiple
payments to the international organizations.
10
REPORT ON EFFECTIVENESS OF INTERNAL CONTROLS, RISK MANAGEMENT
AND GOVERNANCE.
Conclusion
39. There were no material issues relating to effectiveness of internal controls, risk
management and governance.
40. There were no material issues noted during the audit of the financial statements of
the Scheme.
REPORT ON LAWFULNESS AND EFFECTIVENESS IN USE OF PUBLIC
RESOURCES
Conclusion
41. There were no material issues relating to lawfulness and effectiveness in use of public
resources.
11
contributions due as at 30 June, 2022. This is contrary to Section 8(c) of the Public
Service Superannuation Scheme Act, 2012 which states that, not later than ten working
days after the end of the month in which the contributions are due, the Government shall
remit an amount comprising the member’s and the Government’s contribution to the
custodian. As at the time of the audit, in February, 2023, more than seven months after
the contributions became due, out of the balance of Kshs.7,883,302,467, only an amount
of Kshs.4,012,091,972 had been received leaving a balance of Kshs.3,871,210,495
unremitted and unless it is paid together with the penalty provided for under Section 6(2)
of the Public Service Superannuation Scheme Act, 2012, contributors stand to lose
returns that would have been earned had the contributions been received in time.
In the circumstances, Management was in breach of the law.
PROVIDENT FUND
12
Emphasis of Matter
13
REPORT ON LAWFULNESS AND EFFECTIVENESS IN USE OF PUBLIC
RESOURCES
Conclusion
52. There were no material issues relating to lawfulness and effectiveness in use of public
resources.
REPORT ON EFFECTIVENESS OF INTERNAL CONTROLS, RISK MANAGEMENT
AND GOVERNANCE
Conclusion
53. There were no material issues relating to effectiveness of internal controls, risk
management and governance.
Other Matter
55. Budgetary Control and Performance
The statement of comparison of budget and actual amounts reflects final receipts budget
and actual on comparable basis of Kshs.5,297,728 and Kshs.3,000 respectively, resulting
to an underfunding of Kshs.5,294,728 or 100% of the budget. Similarly, the Fund spent a
total of Kshs.1,093,196 against an approved budget of Kshs.1,761,316 resulting to an
underexpenditure of Kshs.668,120 or 38% of the approved budget.
The underfunding and underexpenditure affected the planned activities of the Fund and
may have impacted negatively on service delivery to the public.
14
REPORT ON LAWFULNESS AND EFFECTIVENESS IN USE OF PUBLIC
RESOURCES
Conclusion
56. There were no material issues relating to lawfulness and effectiveness in use of public
resources.
REPORT ON EFFECTIVENESS OF INTERNAL CONTROLS, RISK MANAGEMENT
AND GOVERNANCE
Conclusion
57. There were no material issues relating to effectiveness of internal controls, risk
management and governance.
15
STATE DEPARTMENT FOR PLANNING – VOTE 1072
The statement of financial position and as disclosed in Note 17 to the financial statements
reflects receivables from exchange transactions balance of Kshs.3,826,850,526. The
amount includes balances of Kshs.15,704,964 and Kshs.3,413,671,660 relating to LPO
financing and Constituency Women Enterprise Schemes respectively. However, the
balances include an amount of Kshs.922,091,922 which had been outstanding for more
than one (1) year contrary to the Fund’s loans policy.
Further, the receivables balance includes loans due from financial intermediary (FI)
partners and piki piki loans advanced to field officers of Kshs.71,330,000 and
Kshs.507,170 respectively all totalling Kshs.71,837,170 out of which, an amount of
Kshs.71,613,333 represented non-performing loans. However, as previously reported,
there were ongoing court cases between the Fund and the Intermediaries. No specific
provision for bad debts was made in the financial statements to recognize the impairment.
16
In addition, the balance includes imprests and advances balance of Kshs.2,174,708
which includes salary advances of Kshs.148,081 owed by former staff members.
In the circumstances, the recoverability and completeness of the receivables from
exchange transactions totalling Kshs.993,853,336 could not be confirmed.
Other Matter
66. Unresolved Prior Year Matters
In the audit report of the previous year, several issues were raised under the Report on
Financial Statements and Report on Lawfulness and Effectiveness in Use of Public
Resources. However, Management has not resolved the issues or given any explanation
for failure to adhere to the provisions of the Public Sector Accounting Standards Board
template.
REPORT ON LAWFULNESS AND EFFECTIVENESS IN USE OF PUBLIC
RESOURCES
Conclusion
67. There were no material issues relating to lawfulness and effectiveness in use of public
resources.
REPORT ON EFFECTIVENESS OF INTERNAL CONTROLS, RISK MANAGEMENT
AND GOVERNANCE
Conclusion
68. There were no material issues relating to effectiveness of internal controls, risk
management and governance.
17
to Kshs.2,096,499, Kshs.1,435,485 and Kshs.401,526, respectively. Further, stale
cheques totalling Kshs.2,096,499 had not been reversed in the cash books at the end of
the financial year. In addition, cash book balances held in Kisii and Bungoma County
Fund Offices were supported by unsigned bank reconciliation statements while bank
reconciliations statements for balances held in Machakos County Fund Office were not
provided for audit.
In the circumstances, the existence, accuracy and completeness of cash and cash
equivalents balance of Kshs.610,895,558 could not be confirmed.
71. Unsupported Payables
The statement of financial position and as disclosed in Note 16 to the financial statements,
reflects payables balance of Kshs.952,000 which includes a balance of Kshs.360,000
owed to the Kenya School of Government. However, the balance was not supported with
any documents such as invoice, statement of account and Local Service Order (LSO).
18
In the circumstances, Management was in breach of the law.
REPORT ON EFFECTIVENESS OF INTERNAL CONTROLS, RISK MANAGEMENT
AND GOVERNANCE
Basis of the Conclusion
75. Inadequate Governance Structure
During the year under review, the Fund’s Board did not have a Corporate Secretary as
required by the Organization structure and Section 1.20 of the Mwongozo Code of
Governance, 2015 which states that the Board will be assisted by a qualified, competent
and experienced Secretary.
In the circumstances, the effectiveness of the internal controls, risk management and
overall governance at the Fund could not be confirmed.
19
STATE DEPARTMENT FOR INTERIOR AND CITIZEN SERVICES -
VOTE 1021
20
GOVERNMENT PRESS FUND
REPORT ON THE FINANCIAL STATEMENTS
Basis for Qualified Opinion
79. Long Outstanding Debtors
The statement of financial position reflects receivables from exchange transactions
balance of Kshs.189,683,941 which as disclosed in Note 10 to the financial statements
includes long outstanding debts amounting to Kshs.68,764,954 that have been
outstanding since the year 2017. However, no provision for bad and doubtful debts was
made in the financial statements for the long outstanding debts.
In the circumstances, the recoverability of the receivables from exchange transactions
balance of Kshs.68,764,954 could not be confirmed.
80. Inaccuracies in Cash and Cash Equivalents
The statement of financial position reflects cash and cash equivalents balance of
Kshs.325,145,992 which as disclosed in Note 8 to the financial statements includes postal
money orders amounting to Kshs.12,456,139 owed by Postal Corporation of Kenya. The
money orders relate to payments made for services rendered by the Fund for the period
between 1 July, 2019 and 30 June, 2022 but which had not been cashed. However,
confirmation from records held by Postal Corporation of Kenya revealed that the
Corporation reflected an amount of Kshs.11,802,499 as owing to the Fund as at
30 June, 2022 hence a variance of Kshs.653,640. Although Management explained that
they had engaged Postal Corporation of Kenya for recovery of the uncleared amount, no
evidence was provided to support the explanation.
In the circumstances, the accuracy of cash and cash equivalents balance could not be
confirmed.
REPORT ON LAWFULNESS AND EFFECTIVENESS IN USE OF PUBLIC
RESOURCES
Conclusion
81. There were no material issues relating to lawfulness and effectiveness in use of public
resources.
REPORT ON EFFECTIVENESS OF INTERNAL CONTROLS, RISK MANAGEMENT
AND GOVERNANCE
Basis for Conclusion
82. Use of Old and Inefficient Equipment
As reported in the previous year, most of the Fund’s printing equipment are old and
obsolete with some having been acquired as far as back 1930. The equipment
experienced frequent breakdowns and hence incur high maintenance costs. Further, the
sourcing for spare parts for maintenance of the equipment/machines has been difficult.
In addition, review of machine performance analysis indicates a reduction in production
output per hour over the years as detailed below;
21
Production Speed at Current Production
Machine Name Installation (Pages per Hour) Speed (Pages Per Hour)
Wanup Timson no.27 12,000 5,000
Rotary 1 12,000 3,000
Platen no.6 8,000 1,300
City Line Express 35,000 22,000
In the circumstances, the use of aged equipment has increased the production cost and
hence reduced the Fund’s competitiveness in the industry.
83. Lack of an Integrated Print Production Management System
Review of the Government Press Fund production department revealed various
production phases involving other departments such as handling customer orders,
planning, production, and engineering. However, the Government Press Fund did not
have an integrated management system to manage the print production which includes
estimating and quoting, scheduling, order entry and job tracking, raw material inventory
and shop floor data collection. As a result, it was not possible to have real time tracking
of the customer orders in the chain of production to enhance efficiency in the production
process and decision making.
22
STATE DEPARTMENT FOR CORRECTIONAL SERVICES – VOTE 1023
23
In addition, the bank reconciliation statement for the month of June, 2022 reflects
unpresented cheques totalling Kshs.115,526,747 which included stale cheques totalling
Kshs.2,284,510.
In the circumstances, the accuracy, completeness, and existence of the cash and cash
equivalents balance of Kshs.7,795,251 could not be confirmed.
87. Unexplained Variance and Incomplete Fixed Asset Register
The statement of financial position reflects non-current assets balance of
Kshs.93,404,716 while the corresponding Note 15 to the financial statements indicates a
non-current assets balance of Kshs.94,595,861 resulting to an unexplained variance of
Kshs.1,191,145.
Further, the assets register provided for audit was not comprehensive and updated to
reflect the date/year of acquisition, cost, depreciation rate, disposals and serial numbers
as required.
In the circumstances, the completeness and accuracy of the property, plant and
equipment balance of Kshs.93,404,716 could not be confirmed.
Emphasis of Matter
88. Material Uncertainty Related to Sustainability of Services
I draw attention to Note 5 to the financial statements which discloses that if the motor
vehicle number plates production is transferred to National Transport and Safety Authority
(NTSA) or any other Government entity, the sustainability of services of the Prison
Industries Revolving Fund shall be affected adversely. As at November, 2022, production
of the number plates at Kamiti Maximum Prison was transferred to NTSA through a
Cabinet decision as a result of which production has since stopped at Kamiti Maximum
Prison resulting to the raw materials worth Kshs.101,348,772 and the fixed assets
(machinery) held at Kamiti Maximum Prison being idle. These conditions indicate that a
material uncertainty exists which may cast significant doubt on the Fund’s ability to
continue to sustain its services.
My opinion is not qualified in respect of this matter.
Other Matter
89. Budgetary Control and Performance
The statement of comparison of budget and actual amounts reflects a final revenue
budget amount of Kshs.608,047,134 and an actual on comparable basis amount of
Kshs.381,290,980 resulting to under collections of Kshs.226,756,156 or 37% of the
budgeted revenue. Similarly, the statement reflects final recurrent budget expenditure
amount of Kshs.652,043,729 against an actual on comparable basis expenditure of
Kshs.467,853,225 resulting to an under expenditure of Kshs.184,190,504 or 28% of the
budgeted expenditure. Management has not provided justification for the
underperformance and suppressed expenditure.
The under collection of revenue may have affected the operations and hence negatively
impacted planned activities of the Fund.
24
90. Unresolved Prior Year Matters
In the previous year audit report, several issues were raised under Report on Financial
Statements, Report on Lawfulness and Effectiveness in Use of Public Resources, and
Report on Effectiveness of Internal Controls, Risk Management and Governance.
However, Management has not resolved the issues or given any explanation for failure
to adhere to the provisions of the Public Sector Accounting Standards Board templates.
In the circumstances, the accuracy, completeness and existence of cash and cash
equivalents balance of Kshs.55,704,138 could not be confirmed.
Other Matter
94. Unresolved Prior Year Audit Issues
In the audit report of the previous year, several issues were raised in the Report on
Financial Statements and Report on Lawfulness and Effectiveness in Use of Public
25
Resources. However, Management has not resolved the issues or given any explanation
for failure to resolve the issues.
REPORT ON LAWFULNESS AND EFFECTIVENESS IN USE OF PUBLIC
RESOURCES
Basis for Conclusion
95. Failure to Use Information Technology in Finance and Procurement
Departments
The Prison Farms Revolving Fund was established by Legal Notice No.87 of the
Exchequer and Audit Act (Cap 412) Regulations,1993 and was deemed to be operational
from 1 July, 1992. The Fund, despite being in operation for 30 years, is yet to automate
its operations. The financial transactions processing, ledgers and financial statements are
done manually.
Further, the Fund is yet to implement e-procurement for managing the procurement
processes as required by the Public Procurement and Asset Disposal Regulations, 2020
and the Executive Order No.2 of 2018.
In the circumstances, Management was in breach of the law.
26
STATE DEPARTMENT FOR INFRASTRUCTURE – VOTE 1091
27
In the circumstances, the valuation, accuracy and completeness of the property, plant
and equipment balance of Kshs.3,640,633,941 could not be confirmed.
100. Unsupported and Irregular Travel and Subsistence Allowance
The statement of financial performance and as disclosed in Note 5 to the financial
statements reflects travel and subsistence allowance of Kshs.101,881,651 which include
domestic travel and subsistence allowance of Kshs.34,270,659 out of which an amount
of Kshs.4,589,480 was paid as lunch and dinner allowance. However, it was noted that
the allowances were paid to officers who had not travelled outside their normal duty
stations.
28
In the circumstances, the accuracy and recoverability of the receivables balance of
Kshs.85,047,569 as at 30 June, 2022 could not be confirmed.
103. Trade and Other Payables
The statement of financial position and as disclosed in Note 16 to the financial statements
reflects trade and other payables balance of Kshs.19,754,813 as at 30 June, 2022.
Included in the balance is an opening balance of Kshs.13,729,635 relating to customer
tender deposits dating back to financial year 2017/2018. No explanation was provided for
holding the deposits for that long.
In the circumstances, the accuracy and validity of the tender deposits opening balance of
Kshs.13,729,635 as at 30 June, 2022 could not be confirmed.
Other Matter
104. Budgetary Control and Performance
The statement of comparison of budget and actual amounts reflects final receipts budget
and actual on comparable basis of Kshs.780,825,553 and Kshs.637,432,854 respectively
resulting in a revenue shortfall of Kshs.143,392,699 or 18% of the budget. Similarly, the
Fund spent an amount of Kshs.490,077,153 against an approved budget of
Kshs.780,825,554 resulting in an under-absorption of Kshs.290,748,401 or 37% of the
budget.
The under-funding and under-absorption affected the planned activities of the Fund and
impacted negatively on service delivery to the public.
105. Unresolved Prior Year Audit Matters
In the audit report of the previous year, a number of issues were raised. However,
Management has not resolved the issues or disclosed the prior year matters as provided
by the Public Sector Accounting Standards Board (PSASB) and The National Treasury’s
Circular dated 30 June, 2022.
106. Poor Financial Performance
During the year under review, the Fund reported a deficit of Kshs.128,695,987 (2020/2021
deficit - Kshs.208,927,996) resulting in depletion of accumulated reserves from
Kshs.1,626,608,870 as at 1 July, 2021 to Kshs.1,497,912,883 as at 30 June, 2022.
Management did not disclose strategies put in place to reverse the unfavourable trend
which if not addressed timely, may adversely affect the Fund’s ability to sustain its
services.
REPORT ON LAWFULNESS AND EFFECTIVENESS IN USE OF PUBLIC
RESOURCES
Conclusion
107. There were no material issues relating to lawfulness and effectiveness in use of
public resources.
29
REPORT ON EFFECTIVENESS OF INTERNAL CONTROLS, RISK MANAGEMENT
AND GOVERNANCE
Basis for Conclusion
108. Non-Compliance with Authorized Staff Establishment
Review of the Fund's authorized staff establishment revealed that in-post staff in various
cadre were 981 against an authorized establishment of 2,695 resulting in a shortage of
1,714. The staff shortage, if not addressed, could impact negatively on the operations of
the Fund.
30
REPORT ON LAWFULNESS AND EFFECTIVENESS IN USE OF PUBLIC
RESOURCES
Conclusion
111. There were no material issues relating to lawfulness and effectiveness in use of
public resources.
In the circumstances, the Oversight Committee may not effectively discharge its mandate
as envisaged by the Public Finance Management (Roads Annuity Fund)
Regulations, 2015.
31
STATE DEPARTMENT FOR TRANSPORT – VOTE 1092
116. There were no material issues relating to effectiveness of internal controls, risk
management and governance.
32
STATE DEPARTMENT FOR HOUSING AND URBAN
DEVELOPMENT – VOTE 1094
33
118.3 Rental Income
The statement of financial performance reflects rental income of Kshs.95,722,648 as
disclosed in Note 9 to the financial statements. However, Management did not provide
detailed analysis in support of the balance.
In the circumstances, the accuracy and completeness of rental income of
Kshs.95,722,648 for the year ended 30 June, 2022 could not be confirmed.
119. Unsupported Refurbishment of Residential Buildings
Included in the repairs and maintenance balance of Kshs.16,836,662 is expenditure on
refurbishment of residential buildings of Kshs.10,797,713 as disclosed in Note 14 to the
financial statements. However, Management did not provide supporting schedules with
details of the refurbished houses.
In the circumstances, the accuracy and completeness of refurbishment of residential
buildings expenditure of Kshs.10,797,713 for the year ended 30 June, 2022 could not be
confirmed.
120. Unsupported Cash and Cash Equivalents Balances
The statement of financial position reflects cash and cash equivalents balance of
Kshs.2,221,363,832 as disclosed in Note 16 to the financial statements. However,
included in the balance is an amount of Kshs.51,423,249 in respect of deposit bank
account. Bank reconciliation statement for the month of June, 2022 reflects payments in
bank statement not in the cash book totalling Kshs.1,259,840 whose clearance status as
at the time of the audit was not disclosed. Additionally, the statement includes two (2)
unpresented cheques amounting to Kshs.2,750,500 paid on 30 June, 2022 vide payment
voucher Nos.10115 and 10116 to the Fund Administrator whose details were not provided
for audit purposes.
Further, included in the balance is Kshs.1,137,283 in respect of operation bank account
and for which bank confirmation certificate was not provided for audit review. Additionally,
included in the balance is Kshs.2,168,803,300 in respect of four (4) fixed deposit banks
accounts and for which Management did not provide for audit verification the bank
confirmation certificates. Further, no approvals from The National Treasury for depositing
the funds in fixed deposit bank accounts was provided for audit.
In the circumstances, the accuracy and completeness of the cash and cash equivalents
balance of Kshs.2,221,363,832 as at 30 June, 2022 could not be confirmed.
121. Unsupported and Long Outstanding Current Receivables from Exchange
Transactions
The statement of financial position reflects current portion of receivables from exchange
transactions balance of Kshs.676,392,613 as disclosed in Note 17(a)(i) to the financial
statements. Included in the balance are mortgage principal arrears-HFCK of
Kshs.142,662,920, mortgage interest-HFCK of Kshs.26,401,375, investment interest
arrears of Kshs.8,176,666 and credit interest on bank of Kshs.2,813,475 whose
supporting schedule were not provided for audit review.
34
In addition, the balance includes rent and service charge arrears balance of
Kshs.377,317,476 whose supporting schedule did not disclose persons or institutions
from whom the rent and service charge arrears were due from.
Further, the balance includes an amount of Kshs.109,647,557 due from the Principal
Secretary, Ministry of Lands and which had been outstanding for several years.
In the circumstances, the recoverability, accuracy and completeness of current
receivables from exchange transactions balance of Kshs.676,392,613 could not be
confirmed.
122. Unsupported Long-Term Receivables from Exchange Transactions
The statement of financial position reflects long-term receivables from exchange
transactions balance of Kshs.6,558,557,448 as disclosed in Note 17(b) to the financial
statements. However, the supporting schedules provided for audit in respect of each
category of the reported balances were incomplete as they did not reflect key
beneficiaries information such as names, personal numbers, job groups, dates of the
loans, amounts of loans issued, repayment periods, opening loan balances, repayments
during the year, closing loan balances and locations of the houses. In addition,
Management did not provide for bad and doubtful debts during the year.
In the circumstances, the recoverability, accuracy and completeness of long-term
receivables from exchange transactions balance of Kshs.6,558,557,448
could be confirmed.
123. Inaccuracies in Work-In-Progress Balance
The statement of financial position reflects work-in-progress balance of
Kshs.2,569,169,152 as disclosed in Note 18 to the financial statements. However,
Management did not provide for audit review the analysis of the balance per project. In
addition, the balance includes purchase of houses for sale of Kshs.1,046,000,000 and
which ought to have been disclosed as land and buildings.
Further, the balance includes expenditure on statutory fees and other charges of
Kshs.4,783,624 which is at variance with the ledger’s negative balance of Kshs.4,783,624
resulting to an unexplained and unreconciled variance of Kshs.9,567,248.
Additionally, the balance includes construction cost of Kshs.1,377,777,649 which is at
variance with the ledger balance of Kshs.1,405,876,084 resulting to an unexplained and
unreconciled variance of Kshs.28,098,435.
In the circumstances, the accuracy and completeness of the work-in-progress balance of
Kshs.2,569,169,152 as at 30 June, 2022 could not be confirmed.
124. Unexplained Variances Between Property, Plant and Equipment and Fixed
Assets Register Balances
The statement of financial position reflects property, plant and equipment net book value
balance of Kshs.877,238,301 as disclosed in Note 19(a) to the financial statements.
However, the following anomalies were noted;
35
i. A comparison between the financial statements and fixed asset register balances
revealed unexplained and unreconciled variances as tabulated below:
Financial Fixed Assets
Statements Register Variance
Description (Kshs.) (Kshs.) (Kshs.)
Net Land and Buildings Rental 864,743,611 888,534,142 (23,790,531)
- Investment Property
Motor Vehicle 30,190 40,252 (10,062)
Furniture and Fittings 4,699,411 2,953,706 1,745,705
Computers 6,903,614 1,688,741 5,214,873
Plant and Equipment 861,475 3,888,131 (3,026,656)
ii. The depreciation amount of Kshs.20,884,361 in the property, plant and equipment
movement schedule could not be traced to the fixed assets register.
iii. Desktop computers and tablets with a balance of Kshs.3,925,310 were wrongly
classified under land and buildings in the assets register.
iv. The assets register reflects plant and equipment additions of Kshs.700,000 while
the property, plant and equipment movement schedule reflect additions of
Kshs.451,000 resulting to an unexplained and unreconciled variance of
Kshs.249,000.
In the circumstances, the accuracy and completeness of the property, plant and
equipment balance of Kshs.877,238,301 could not be confirmed.
125. Investment Properties with no Ownership
The statement of financial position reflects net land and buildings rental - investment
property balance of Kshs.864,743,611 as disclosed in Note 20 to the financial statements.
However, ownership titles for parcels of land on which some housing units are located
were not provided for audit review. The properties include Kileleshwa Gichugu I,
Kileleshwa Gichugu II, Kilimani-Dennis Pritt, Park Road-Nairobi, Jogoo Road-Nairobi,
Kibera Highrise, Mukenia South B, Kileleshwa Flats, Shauri Moyo-Kisumu, Kiambu,
Bondeni-Nakuru, Machakos and Embu.
In the circumstances, the ownership of the investment properties of Kshs.864,743,611
could not be confirmed.
Other Matter
126. Budgetary Control and Performance
The statement of comparison of budget and actual amounts reflects actual expenditure
amount of Kshs.192,737,179 against an approved budget of Kshs.271,984,361 resulting
in an under expenditure of Kshs.79,247,182 (or 29%) of the budget. The
underperformance affected the planned activities and may have impacted negatively on
service delivery to the public.
127. Unresolved Prior Year Matters
In the audit report of the previous year, several issues were raised under the Report on
Financial Statements, Report on Lawfulness and Effectiveness in Use of Public
36
Resources, and Report on Effectiveness of Internal Controls, Risk Management and
Governance. However, Management has not resolved the issues or given explanations
for failure to do so, contrary to the reporting format prescribed by the Public Sector
Accounting Standards Board and The National Treasury Circular dated 6 July, 2022.
In the circumstances, the accuracy and validity of administrative and other operating costs
of Kshs.54,151,293 could not be confirmed.
131. Unsupported Subsidy from Disposal of Houses
The statement of financial performance and as disclosed in Note 8 to the financial
statements reflects subsidy from sale of houses of Kshs.90,150,000. The subsidy arose
from transfer of two hundred and twenty-seven (227) housing units of the Mavoko
Sustainable Neighbourhood Project to the Civil Servants Housing Scheme at
Kshs.632,150,000 against a market value (Acquisition Costs) of Kshs.722,300,000
resulting to a subsidy of Kshs.90,150,000. However, the approved Cabinet memo
authorizing the sale/transfer of the 227 units to the Civil Servants Housing Scheme was
not provided. Further the subsidy of Kshs.90,150,000 was a loss to the Fund and no
37
justification was provided as to why the loss was absorbed by the Fund yet the housing
units were intended for sale to civil servants at cost price.
In the circumstances, the completeness and validity of the subsidy amount of
Kshs.90,150,000 could not be confirmed.
132. Unsupported Cash and Cash Equivalents
The statement of financial position and as disclosed in Note 11 to the financial statements
reflects cash and cash equivalents balance of Kshs.518,262,835 which includes
Kshs.218,263,555 held at a local bank. Review of the bank reconciliation statement for
the month of June, 2022, revealed three unpresented cheques totalling Kshs.174,000
were stale as at 30 June, 2022. Further, there were receipts in the bank statement not
yet recorded in the cash book amounting to Kshs.19,670,039, which included receipts
amounting to Kshs.4,543,965 that relate to the period between 04 August, 2016 and
31 December, 2020 and a further Kshs.5,538,346 which relates to the period
09 January, 2021 to 31 December, 2021. In addition, a receipt of Kshs.18,175,583 made
on 30 June, 2022 was not supported.
Management did not provide an explanation why these long outstanding receipts were
not recorded in the cash book.
In the circumstances, the accuracy and completeness of the cash and cash equivalents
balance of Kshs.518,262,835 could not be confirmed.
133. Undisclosed Imprests Balance
Review of the bank reconciliation statement for the month of June, 2022 revealed that
payments totalling Kshs.6,474,600 were made to staff on 30 June, 2022 through a local
bank but were not reflected as outstanding imprest as at the close of the year. Further,
no documents were provided to indicate when the activities were to take place.
In the circumstances, the accuracy and validity of the nil imprest balance as at
30 June, 2022 could not be confirmed.
134. Unsupported Current Receivables from Exchange Transactions
The statement of financial position and as disclosed in Note 12 to the financial statements
reflects current receivables from exchange transactions balance of Kshs.360,709,990
which includes mortgage receivable balance of Kshs.28,559,990 and receivable from the
Civil Servants Housing Scheme Fund of Kshs.332,150,000. The amount was the
outstanding balance from the transfer of two hundred and twenty seven (227) housing
units. However, the analysis of the mortgage receivables balance of Kshs.28,559,990
was not provided for audit.
In the circumstances, the accuracy of the current receivables from exchange transactions
balance of Kshs.28,559,990 could not be confirmed.
135. Unsupported Non-Current Receivables from Exchange Transactions
The statement of financial position and as disclosed in Note 12 to the financial statements
reflects non-current receivables from exchange transactions balance of
38
Kshs.1,210,257,625. The amount includes advance payments of Kshs.349,169,394,
mortgage receivable of Kshs.556,881,489 and contract retention of Kshs.304,206,742.
However, detailed analysis to support the advance payments balance of
Kshs.349,169,394 and mortgage receivables of Kshs.556,881,489 were not provided.
Further, the contract retention balance of Kshs.304,206,742 was similarly included under
payables from exchange transactions. The basis for the inclusion of retention money as
a receivable was not provided.
39
In the circumstances, the existence, accuracy and completeness of the property, plant
and equipment balance of Kshs.2,702,280,033 could not be confirmed.
Other Matter
139. Pending Bills
As disclosed in Note 15 to the financial statements are pending bills due to contractors
for work done and certified totalling to Kshs.172,547,235. Management has not provided
reasons for non-payment of the pending bills despite having a bank balance of
Kshs.518,262,835 as at 30 June, 2022. The Fund risks incurring significant unquantified
interest costs and penalties due to delays in settling invoiced bills. In addition, failure to
settle bills during the year in which they relate adversely affects provisions of the
subsequent year to which they have to be settled as a first charge.
140. Budgetary Control and Performance
The statement of comparative budget and actual amounts reflects final receipts budget
and actual on a comparable basis of Kshs.1,265,000,000 and Kshs.1,271,665,607
respectively resulting to an overfunding of Kshs.6,665,607 or 0.5% of the budget.
Similarly, the Fund expended Kshs.403,985,139 against an approved budget of
Kshs.1,340,000,000 resulting to an underexpenditure of Kshs.936,014,861 or 70% of the
budget.
The underperformance affected the planned activities and may have impacted negatively
on service delivery to the public.
REPORT ON LAWFULNESS AND EFFECTIVENESS IN USE OF PUBLIC
RESOURCES
Basis for Conclusion
141. Presentation and Disclosure of the Financial Statements – Non-Compliance
with Public Sector Accounting Standards Board Guidelines
The financial statements of the Fund for the year ended 30 June, 2022 were not prepared
in accordance with the recommended reporting template by the Public Sector Accounting
Standards Board (PSASB) revised on 30 June, 2022. The following unsatisfactory
matters were observed on the presentation and disclosure of the statement of cash flows;
i. The statement of cash flows only contained net cash flows from operating activities
and omitted the net cash flows from investing activities and financing activities. This
is despite the fact that the statement of financial position and the statement of
changes in net assets indicate that there were cash flows from investing and
financing activities respectively.
ii. The statement of cash flows did not have a disclosure note on net cash flows from
operating activities whereas the recommended reporting template requires the Fund
to include a disclosure note.
iii. The financial statements did not contain a statement on the following areas though
they are recommended in the financial reporting template:
40
a) The Corporate Governance Statement;
In the circumstances, the presentation and disclosure of the Fund’s financial statements
did not comply with the PSASB reporting guidelines.
41
STATE DEPARTMENT FOR PUBLIC WORKS – VOTE 1095
42
In the circumstances, the accuracy, existence and completeness of the suspense account
balance of Kshs.19,641,489 could not be confirmed.
146.2 Unsupported Payments Received in Advance
Included in the trade and other payables from exchange transactions balance of
Kshs.76,808,202 is payments received in advance balance of Kshs.57,166,713.
However, as previously reported, the documents in support of the balance by way of bank
statements or a schedule indicating dates of the deposits were not provided for audit
review.
In the circumstances, the accuracy and completeness of the payments received in
advance balance of Kshs.57,166,713 could be confirmed.
147. Unsupported Bank Overdraft/Long Term Portion of Borrowing
The statement of financial position reflects borrowings-bank overdraft (CBK) balance of
Kshs.283,595,154 and as disclosed in Note 12 to the financial statements. However, as
reported previously, Management did not provide for audit the supporting documents for
this balance. This was contrary to Regulation 83(3) of Public Finance Management
(National Government) Regulations, 2015 which requires that a National Government
overdraft at the Central Bank of Kenya shall be retired by the end of the financial year.
In the circumstances, the accuracy and regularity of the bank overdraft balance of
Kshs.283,595,154 could not be confirmed.
148. Ineffective Audit Committee
Review of Fund’s records revealed that the Audit Committee of the State Department for
Public Works met twice during the year under review. This was contrary to Regulation
179(1) of the Public Finance Management (National Government) Regulations, 2015
which states that the audit committee shall meet at least once in every three months.
In the circumstances, the effectiveness of the Audit Committee over the Fund’s operations
could not be confirmed.
REPORT ON LAWFULNESS AND EFFECTIVENESS IN USE OF PUBLIC
RESOURCES
Conclusion
149. Because of the significance of the matters described in the Basis for Disclaimer of
Opinion section of my report, I have not been able to obtain sufficient appropriate
audit evidence to provide a basis for my audit conclusion.
REPORT ON EFFECTIVENESS OF INTERNAL CONTROLS, RISK MANAGEMENT
AND GOVERNANCE
Conclusion
150. Because of the significance of the matters described in the Basis for Disclaimer of
Opinion section of my report, I have not been able to obtain sufficient appropriate
audit evidence to provide a basis for my audit conclusion.
43
MINISTRY OF LANDS AND PHYSICAL PLANNING – VOTE 1112
44
153.2 Mikanjuni Farm in Kilifi County
As previously reported, the Fund purchased Mikanjuni Farm at a cost of
Kshs.377,000,000 as per agreement for sale dated 22 April, 2020 for resettlement of
informal settlers. Although a list of beneficiaries was provided for audit by the Land
Adjudication and Settlement Officer of Kilifi County, the farm was still listed as
undistributed by the Fund as of October, 2022. No justification was given for not
distributing and settling the informal settlers.
153.3 Kadza Ndani Land in Mombasa County
As previously reported, the Fund purchased three (3) parcels of land at Kadza Ndani in
Mombasa County at a cost of Kshs.378,000,000 as per sale agreement dated
11 September, 2020 for resettlement of informal settlers. Although a list of beneficiaries
was provided by the Land Adjudication and Settlement Officer of Mombasa County, the
land was still listed as undistributed as of October, 2022. No justification was given for not
distributing and settling the informal settlers.
In the circumstances, the objective for which the land was acquired and value for money
had not been achieved.
REPORT ON EFFECTIVENESS OF INTERNAL CONTROLS, RISK MANAGEMENT
AND GOVERNANCE
Basis for Conclusion
154. Lack of Risk Management Policy
During the year under review, the Fund did not have in place Risk Management Policy.
As a result, there was no formal approved processes and guidelines on how to identify,
assess and mitigate operational, legal and financial risks.
In the circumstances, the Management of the Fund is not in a position to evaluate, rank
and prioritize critical risks and channel resources towards mitigating identified risks.
155. Weak Control Environment in Field Offices
Field verification during the month of September, 2022 in ten (10) sampled land
adjudication and settlement offices revealed the following unsatisfactory matters;
i. The stations were under-staffed with none having an accountant or an officer with
financial management background to manage the funds disbursed to the stations.
ii. The stations operated a bank account for funds received for the office administration
but did not maintain a cash book. Further, the monthly bank reconciliation statements
had not been prepared and submitted to The National Treasury with a copy to the
Office of the Auditor-General as stipulated under Regulation 90(1) of the Public
Finance Management (National Government) Regulations, 2015.
iii. Inadequate office space, no filing cabinets and a filing system which made retrieval
of records difficult.
In the circumstances, internal controls, risk management and governance systems were
not effective.
45
STATE DEPARTMENT FOR SPORTS – VOTE 1132
46
159. Understated Office Rental Costs
The statement of financial performance and Note 17 to the financial statements reflects
general administrative expenses amounting to Kshs.120,733,096 which includes an
amount of Kshs.12,408,702 in respect of office rental costs. However, review of the lease
agreement revealed that the lease was renewed on 22 October, 2021 and office rent
adjusted upwards resulting to an increase by Kshs.508,148 which was not paid or
disclosed in the financial statements.
In the circumstances, the accuracy and completeness of the office rental costs amounting
to Kshs.12,408,702 could not be confirmed.
Other Matter
160. Budgetary Control and Performance
The statement of comparison of budget and actual amounts reflects final revenue budget
and actual on comparable basis of Kshs.15,257,440,000 and Kshs.13,744,770,386
respectively resulting to an underfunding of Kshs.1,512,669,614 or 10% of the budget.
Similarly, the statement reflects final budget expenditure and actual on comparable basis
of Kshs.14,168,139,564 and Kshs.13,980,042,979 resulting to underabsorption of
Kshs.188,096,585 or 1% of the budget.
The underfunding and underabsorption of the available funds affected the planned
activities and may have impacted negatively on service delivery to the public.
161. Unresolved Prior Year Matters
In the audit of the previous year, several issues were raised. Management indicated that
it had resolved prior year audit issues. However, supporting documents including
invitations to appear before Parliamentary Committee, the Committee’s
recommendations and implementation reports were not provided for audit review as
required by the Public Sector Accounting Standards Board template and The National
Treasury’s Circular Ref: AG/4/16/3/Vol.3(66) dated 06 July, 2022.
REPORT ON LAWFULNESS AND EFFECTIVENESS IN USE OF PUBLIC
RESOURCES
Basis for Conclusion
162. Late Submission of Financial Statements
The Fund’s financial statements for the year ended 30 June, 2022 were submitted to the
Office of the Auditor-General on 14 November, 2022, forty-three (43) days after the
statutory deadline date of 30 September, 2022. This was contrary to provisions of
Section 84(3) of the Public Finance Management Act, 2012 which states that, not later
than three months after the end of each financial year, the Administrator of a National
Public Fund shall submit the financial statements prepared under this section to the
Auditor-General.
47
163. Non-Compliance in Presentation of the Financial Statements
Review of the financial statements for the year ended 30 June, 2022, revealed that
Management presented the financial statements which had roman page numbering for
preamble information. However, the financial statements page numbering starts from
page 32 leaving out pages of number 1 to 31. Similarly, the footnotes to the financial
statements also revealed inconsistencies in page numbering.
In the circumstances, the financial statements do not comply with the financial reporting
guidelines issued by the Public Sector Accounting Standards Board.
164. Irregular Disbursements to World Under 20 Championship
The Fund disbursed amounts totalling Kshs.1,361,000,000 to World Under 20
Championship Committee in the 2019/2020 and 2020/2021 financial years to facilitate the
preparation and hosting of the World Under 20 Championship Competition in Nairobi,
Kenya which happened during 2021/2022 financial year. The event had its own
Organizing Committee which was gazetted vide Gazette Notice No.1911 of
01 March, 2019. However, review of the procurement documents revealed that
procurement of goods, works and services were conducted through restricted tender
method. No explanation was provided to justify the choice of the restricted procurement
method as required by Section 102(1) of the Public Procurement and Asset Disposal
Act, 2015.
48
166. Failure to Appoint a Substantive Chief Executive Officer
Review of the Fund’s personnel records and financial statements submitted for audit,
revealed that, the Fund was headed by an Acting Chief Executive Officer since
12 February, 2019. This was contrary to Regulation 12(1)(2) of the Public Finance
Management (Sports, Arts and Social Development) Regulations, 2018 which state that
there shall be a secretariat of the Fund which shall consist of a Chief Executive Officer
and such other staff as are necessary for the proper discharge of the functions of the
Fund. The Chief Executive Officer and other staff of the Secretariat shall be appointed
competitively in consultation with the Public Service Commission.
49
MINISTRY OF ENERGY – VOTE 1152
50
Amount
No. Payee (Kshs.)
4. Rural Electrification and Renewal Energy Corporation 1,740,000,000
5. Nuclear Power and Agency 100,000,000
Total 2,333,000,000
51
Total
Proposed Contribution Contribution
Phase Two Allocation Received in
Allocation for Last the Last Deficit in
No. Organization (2019-2029) 3 Years 3 Years Contribution
(Kshs.) (Kshs.) (Kshs.) (Kshs.)
1 Ministry of Energy 659,000,000 197,700,000 222,000,000 -24,300,000
(MOE)
2 Kenya Electricity 5,000,000 1,500,000 0 1,500,000
Transmission
Company
3 Geothermal 54,000,000 16,200,000 0 16,200,000
Development
Company
4 Nuclear Power and 12,000,000 3,600,000 0 3,600,000
Energy Agency
5 Kenya Power and 10,000,000 3,000,000 2,000,000 1,000,000
Lighting Company
Limited
6 Energy and 20,000,000 6,000,000 6,000,000 0
Petroleum
Regulatory Authority
7 Kenya Electricity 10,000,000 3,000,000 0 3,000,000
Generating Company
8 Rural Electrification & 54,000,000 16,200,000 0 16,200,000
Renewable Energy
Corporation
Total 824,000,000 247,200,000 230,000,000 17,200,000
No explanation was given as to why the five (5) Agencies were not contributing in
accordance with the agreement.
In the circumstances, the non-contribution to the Fund is a violation of the terms of
agreement and may impact negatively on the operations of the Fund and its ability to
achieve the intended goals and objectives.
175. Low Utilization of Funds on Core Activities
The Ministry of Energy entered into a contract with the Kenya Forest Service to procure
goods, works and services required for the project from Community Forest Association
and to be financed out of the proceeds of the Fund. Review of the financial records
revealed that out of an expenditure of Kshs.10,476,848 relating to afforestation at various
forest areas, only an amount of Kshs.3,303,068 or 32% was incurred on the afforestation
projects. The balance of the expenditure of Kshs.7,173,780 or 68% was incurred on other
expenses that were not related to afforestation. Further, Management of the Fund did not
have control of the procurement records and thereby affecting the accountability of the
process.
In the circumstances, the objectives of the Fund may not be attained.
52
REPORT ON EFFECTIVENESS OF INTERNAL CONTROLS, RISK MANAGEMENT
AND GOVERNANCE
Conclusion
176. There were no material issues relating to effectiveness of internal controls, risk
management and governance.
53
STATE DEPARTMENT FOR LIVESTOCK – VOTE 1162
In the circumstances, the accuracy and completeness of the property, plant and
equipment balance of Kshs.29,596,333 could not be confirmed.
178. Long Outstanding Receivables
The statement of financial position reflects receivables from non-exchange transactions
balance of Kshs.374,800. The balance relates to outstanding imprest of Kshs.98,000 and
rent arrears of Kshs.276,800 due from various staff and have been outstanding for more
than one year. However, no provision for doubtful debts was made in the financial
statements for the outstanding debts. In addition, there was no evidence of progress
made to recover these debts.
In the circumstances, the accuracy, completeness and recoverability of the receivables
from non-exchange transactions balance of Kshs.374,800 could not be confirmed.
REPORT ON LAWFULNESS AND EFFECTIVENESS IN USE OF PUBLIC
RESOURCES
Conclusion
179. There were no material issues relating to lawfulness and effectiveness in use of
public resources.
54
the Accounting Officer to ensure that the entity develops risk management strategies,
which include fraud prevention mechanism; and the entity develops a system of risk
management and internal control that builds robust business operations.
In the circumstances, internal controls and risk management systems were not effective.
55
STATE DEPARTMENT FOR CROP DEVELOPMENT AND
AGRICULTURAL RESEARCH – VOTE 1169
COMMODITIES FUND
56
In the circumstances, the accuracy and recoverability of the receivables from exchange
transactions - gross loans and advances of Kshs.15,805,522,000 could not be confirmed.
184. Failure to Revalue Fully Depreciated Assets
The statement of financial position reflects property, plant and equipment balance of
Kshs.17,364,000. However, Note 21 to the financial statements reflects fully depreciated
property, plant and equipment with a historical cost value of Kshs.140,128,248 whose
residual values over the remaining useful life of assets was not estimated and disclosed
in the financial statements. This indicates a possible material variance between the fair
value and the carrying value of the assets necessitating a revaluation as required under
paragraph 49 of IPSAS 17 - property, plant and equipment.
Further, the Fund has no assets and liabilities management policy contrary to Paragraph
4(4.5) of The National Treasury Policy on Assets and Liabilities Management in the public
sector.
In the circumstances, it has not been possible to confirm the fair statement of the property,
plant and equipment net book value of Kshs.17,364,000 reflected in the financial
statement.
185. Irregular Payment of House Allowances
The statement of financial performance reflects Kshs.115,697,000 in respect of employee
costs. However, review of the payroll records for the year under review revealed that there
were employees whose house allowances exceeded the approved rate by the Salaries
and Remuneration Commission (SRC) as per their respective grades resulting in an
over-expenditure of Kshs.3,270,250. No evidence was provided to confirm if approval for
the payments of the allowances was granted by SRC.
In the circumstances, the regularity of the house allowance payment of Kshs.3,270,250
could not be confirmed.
REPORT ON LAWFULNESS AND EFFECTIVENESS IN USE OF PUBLIC
RESOURCES
Basis for Conclusion
186. Lack of an Approved Staff Establishment and Remuneration Structure
During the year under audit, the Fund did not have an updated approved staff
establishment hence it was not possible to establish the optimal levels or number of
employees per post.
In addition, the salary structure and scale used by the Fund for payment of employees’
salaries and allowances was not approved by the Salaries and Remuneration
Commission contrary to Article 230(4) (a & b) of the Constitution.
In the circumstances, the regularity of the payments of salaries and allowances could not
be confirmed.
187. Irregular Procurement of Security Expenses
The statement of financial performance reflects an amount of Kshs.100,402,000 in
respect of use of goods and services which includes a payment of Kshs.1,174,000 that
57
was made to a security firm. This was as a result of a contract extension to provide
security service at Kshs.40,000 plus VAT per guard per month. The contract was an
extension of an earlier contract dated 1 January, 2017 whose charges for security
services was Kshs.27,543 plus VAT per guard per month.
In the circumstances, it was not possible to confirm if value for money was realized for
Kshs.1,174,000 expenditure on security services.
188. Board of Trustees Matters
The statement of financial performance reflects remuneration of trustees of
Kshs.17,160,000 and as disclosed under Note 11 to the financial statements. However,
the appointment letters for two (2) Board Members were not provided for audit review.
The Fund Management vide a letter dated 16 December, 2019 requested the Principal
Secretary, State Department for Crops Development and Agricultural Research for the
appointment letters but no evidence was provided to indicate that they were received.
In addition, the Fund did not have a substantive holder for the position of Corporate
Secretary. Minutes of the Board meetings were taken by the Legal Manager on behalf of
the Managing Trustee but no evidence inform of delegation of authority or appointment
letter was provided for audit.
In the circumstances, Management was in breach of the law.
189. Failure to Prepare Financial Statements for the Staff Car Loan and Mortgage
Scheme
Note 23 to the financial statements reflects investment in staff mortgage loan and car loan
of Kshs.115,011,000 and Kshs.11,326,000 respectively. However, the Fund did not
prepare financial statements for the schemes and submit them for audit as required by a
Circular of 17th December, 2014 on Car Loan and Mortgage Schemes for State Officers
and other Public Officers of the Government of Kenya.
The National Treasury through a memo dated 20 June, 2022 gave Management the
authority to open and operate a Commodities Staff Mortgage Account. Management
opened an account with a local bank and deposited Kshs.30,000,000 to the account
without entering into a contractual agreement with the bank on the management of the
scheme. In addition, the status report on the transition from the Housing Finance
Company (HFC) Scheme to the Cooperative Scheme was not provided for audit review.
In the circumstances, Management contravened the requirements of the Salary and
Renumeration Commission circular on car loan and mortgage schemes.
190. Irregular Investment of Surplus Funds in Fixed Deposits at Commercial
Banks
The reported cash and cash equivalents balance of Kshs.1,880,202,000 includes
Kshs.1,794,659,000 being fixed deposits held in commercial banks, as disclosed under
Note 17 (C) to the financial statements. This was contrary to The National Treasury
Circular of 26 March, 2018 which directed all State Corporations and Semi-Autonomous
Government Agencies (SAGAs) to invest surplus funds in Treasury Bills and/or Treasury
Bonds directly through Central Bank of Kenya without intermediaries. All funds previously
58
held in fixed deposits in commercial banks/financial institutions were not to be rolled over
but retired and invested in Treasury bills/bonds. Although Management provided authority
from National Treasury dated 13 November, 2017 in support of the fixed deposits, the
letter only authorizes the Fund to invest in on call deposits.
59
In the circumstances, the accuracy and completeness of the property, plant and
equipment balance of Kshs.336,683 could not be confirmed.
194. Inaccuracies in Cash and Cash Equivalents Balance
The statement of financial position reflects cash and cash equivalents balance of
Kshs.923,285 and a comparative balance of Kshs.809,219. However, and as previously
reported, the comparative balance was the amount as per the bank statement and not
the cash book balance of Kshs.277,052. Further, reflected in the respective bank
reconciliation statement was unbanked cash amount of Kshs.18,000 which Management
explained was as a result of an amount of Kshs.102,000 being recorded as Kshs.120,000.
No explanation was provided by Management for failure to adjust the cash book
accordingly.
In the circumstances, the accuracy and completeness of cash and cash equivalents
balance of Kshs.923,285 could not be confirmed.
195. Unsupported Receivables from Exchange Transactions Balance
The statement of financial position and as disclosed in Note 11 to the financial statements
reflects receivables from exchange transactions balance of Kshs.7,804,209. Review of
the debtors ageing analysis revealed that debtors amounting to Kshs.7,316,169 have
been outstanding for more than one (1) year. However, no provision for bad and doubtful
debts was made for the outstanding debts and Management had not provided evidence
of efforts made to collect the debts.
Further, the receivables balances were not supported with relevant documents including
individual debtors’ statements and contract documents.
60
In the circumstances, the propriety, accuracy and completeness of the daily subsistence
allowances expenditure of Kshs.38,894,500 could not be confirmed.
Other Matter
198. Failure to Disclose Material Uncertainty in Relation to Sustainability of
Services
The statement of financial performance reflects a deficit of Kshs.820,932 resulting into an
accumulated deficit of Kshs.2,216,159. This material uncertainty casts significant doubt
on the Fund’s ability to continue to sustain its services and may face challenges in settling
obligations as and when they may fall due.
REPORT ON LAWFULNESS AND EFFECTIVENESS IN USE OF PUBLIC
RESOURCES
Basis for Conclusion
199. Lack of Approved and Balanced Budget
The statement of comparison of budget and actual amounts reflects total budgeted
income and expenditure of Kshs.41,400,000 and Kshs.23,419,036 respectively.
However, the amounts were not supported with the approved budget. Further, the
statement reflects actual expenditure of Kshs.54,676,672 resulting to an over expenditure
of Kshs.31,257,636. This was contrary to Regulation 33 of Public Finance Management
(National Government) Regulations, 2015 which provides that, the expenditure entered
in national government budget estimates shall be authorised for one financial year only
and that budget shall be balanced.
In the circumstances, Management was in breach of the law.
200. Non-Adherence to the Provisions of the Public Procurement Regulations
Contrary to Regulation 40 of the Public Procurement and Asset Disposal Regulations,
2020, the procurement plan provided for audit review was not prepared in accordance
with the set format and was not approved by the Cabinet Secretary.
Further, there was no evidence that the annual departmental procurement plans were
submitted to the Accounting Officer by heads of user departments prior to the
commencement of the financial year.
In addition, there was no evidence that the Fund prepared and submitted quarterly reports
on implementation of the annual procurement plan to the Cabinet Secretary.
In the circumstances, Management was in breach of the Regulations.
REPORT ON EFFECTIVENESS OF INTERNAL CONTROLS, RISK MANAGEMENT
AND GOVERNANCE
Basis for Conclusion
201. Failure to Appoint Members to the Board of Directors
Section 2, page V of the financial statement lists seven (7) persons including the Fund’s
director as being members of the Board of Directors. However, review of records revealed
that the Fund did not have a duly appointed and functional Board. The Fund therefore
61
lacked the governance structure as prescribed in the Exchequer and Audit (Agricultural
Information Resource Centre Revolving Fund) Regulations, 1993.
In the circumstances, risk management and governance structures were not effective.
202. Internal Controls Weaknesses
Assessment of the Fund’s internal control environment revealed that the Fund did not
have an internal audit function to continuously monitor implementation of internal controls.
No evidence was provided to confirm that internal audit activities were performed on the
Fund. Further, during the year under review the Fund did not have a documented Risk
Management Policy and did not perform any risk assessments. In addition, the Fund
Management had not established a disaster recovery/business continuity plan.
62
STATE DEPARTMENT FOR CO-OPERATIVES – VOTE 1173
203. There were no material issues noted during the audit of the financial statements of
the Fund.
63
In the circumstances, the accuracy and recoverability of the debtors balance of
Kshs.10,219,347could not be confirmed.
64
vi. The statement of cash flows reflects net cash flows from operating activities
amounting to Kshs.151,785,620. However, the corresponding Note 17 to the
financial statements reflects an amount of Kshs.89,361,314 resulting in an
unexplained variance of Kshs.62,424,305.
In the circumstances, the presentation, accuracy and completeness of the above
balances as reflected in the financial statements could not be confirmed.
211. Omission in Presentation and Disclosure of the Financial Statements
Review of the financial statements revealed that the financial statements were not signed
by the Chairman of the Board and Appendix 1 on implementation status of the
Auditor-General’s recommendations which appears on page 31 of the financial
statements was not signed by the Managing Director. In addition, Note 14(c) to the
financial statements reflects disclosures on movement of Equity Investment together with
impairment allowances/provision. However, the source and intent of the disclosure was
not clear. This is contrary to the Public Sector Accounting Standard Board Reporting
Template (Revised 2022).
In the circumstances, presentation and disclosure of the financial statements was not in
the format prescribed by the Public Sector Accounting Standards Board.
REPORT ON LAWFULNESS AND EFFECTIVENESS IN USE OF PUBLIC
RESOURCES
Basis for Conclusion
212. Failure to Prepare Annual Workplan and Budget for the Fund
The Fund did not prepare an annual work programme and budget for the financial year
ended 30 June, 2022. In the foregoing circumstances, it was impossible to establish the
Fund’s approved activities and cost estimates thereof for the financial year under review
as envisaged. This was in contravention of Regulation 23(1) of the Public Finance
Management (Coffee Cherry Advance Revolving Fund) Regulations, 2020 which states
that, “at least six months before the commencement of each financial year, the Board
shall cause to be prepared estimates of the revenue and expenditure of the fund for that
year”.
Further, Regulation 6(2) of the Public Finance Management (Coffee Cherry Advance
Revolving Fund) Regulations, 2020 stipulates that the expenditure on the Fund shall be
on the basis of and limited to annual work programmes and cost estimates which shall be
prepared by the Administrator at the beginning of every financial year and approved by
the Board.
In the circumstances, Management was in breach of the law.
213. Late Submission of the Annual Report and Financial Statements
The Fund submitted the annual financial statements to the Office of the Auditor-General
on 2 November, 2022, two (2) months after the deadline of 30 September, 2022. This
was contrary to Section 47(1) of the Public Audit Act, 2015 which requires the financial
65
statements to be submitted to the Auditor-General within three months after the end of
the fiscal year to which the accounts relate.
In the circumstances, Management was in breach of the law.
214. Irregular Investment of Undisbursed Funds in Call Accounts at a Commercial
Bank
The reported cash and cash equivalents balance of Kshs.2,917,791,246 includes an
amount of Kshs.2,894,433,219 invested in call deposits held at a local bank as disclosed
in Note 13 to the financial statements. This was contrary to The National Treasury Circular
of 26 March, 2018 which directed all State Corporations and Semi-Autonomous
Government Agencies (SAGAs) to invest surplus funds in Treasury Bills and/or Treasury
Bonds directly through Central Bank of Kenya without intermediaries. All funds previously
held in fixed deposits in commercial banks/financial institutions were not to be rolled over
but retired and invested in Treasury bills/bonds.
Further, the balances held with the commercial banks on call deposit have accumulated
unapplied interest of Kshs.278,824,709. Unapplied funds do not benefit from interest,
unless rolled over as part of the principal balances. This has denied the Fund the benefit
of a higher return on those unapplied funds.
In the circumstances, Management was in breach of The National Treasury directive.
REPORT ON EFFECTIVENESS OF INTERNAL CONTROLS, RISK MANAGEMENT
AND GOVERNANCE
Conclusion
215. There were no material issues relating to effectiveness of internal controls, risk
management and governance.
66
MINISTRY OF LABOUR – VOTE 1184
In the circumstances, the existence and accuracy of the comparative amount on purchase
of specialized plant and equipment of Kshs.13,365,540 could not be confirmed.
219. There were no material issues relating to effectiveness of internal controls, risk
management and governance.
67
STATE DEPARTMENT FOR SOCIAL SECURITY AND PROTECTION –
VOTE 1185
220. There were no material issues noted during the audit of the financial statements of
the Fund.
Other Matter
221. Budgetary Control and Performance
The statement of comparison of budget and actual amounts reflects total actual
expenditure of Kshs.39,438,331 against total actual receipts of Kshs.35,336,560.
However, the Fund did not prepare an itemized budget contrary to Regulation 32(4) of
the Public Financial Management (National Government) Regulations, 2015 which
requires that budget proposals to be submitted in the prescribed formats that support
program-based budgeting and classification of expenditure in economic classes.
Management did not provide explanation for the anomaly.
In the circumstances, the efficiency and effectiveness of the budgetary making process
could not be confirmed.
REPORT ON LAWFULNESS AND EFFECTIVENESS IN USE OF PUBLIC
RESOURCES
Conclusion
222. There were no material issues relating to lawfulness and effectiveness in use of
public resources.
REPORT ON EFFECTIVENESS OF INTERNAL CONTROLS, RISK MANAGEMENT
AND GOVERNANCE
Basis for Conclusion
223. Lack of an Internal Audit Department and Audit Committee
The Fund has not established an internal audit function and an Audit Committee of the
Board. This is contrary to Section 73(1) and (5) of the Public Finance Management Act,
2012 which provides for the establishment of the internal audit function and an Audit
Committee. The Fund therefore, did not benefit from the assurance and advisory services
from the internal audit function as well as oversight from the Audit Committee.
In the circumstances, the effectiveness of internal controls and risk management could
not be confirmed.
68
STREET FAMILIES REHABILITATION TRUST FUND
REPORT ON THE FINANCIAL STATEMENTS
Basis for Qualified Opinion
224. Lack of Land Ownership Documents
The statement of financial position and Note 8 to the financial statements reflect property,
plant and equipment balance of Kshs.10,603,417. However, the balance excludes
unvalued parcels of land that had no ownership documents as detailed below:
224.1 Land Donated by Kenya Pipeline Company Limited
As previously reported, Kenya Pipeline Company (KPC) donated and surrendered to the
Fund a piece of land at Mukuru kwa Njenga area of Nairobi on 23 August, 2007 vide a
letter addressed to the Commissioner of Lands by the Managing Director of the Company.
The title deed was surrendered to the Commissioner of Lands on 06 August, 2007 for
purposes of transferring and registering the property in the name of the Fund. However,
audit verification revealed that the land was encroached upon and ownership had not
been transferred to the Fund.
224.2 Parcels of Land in Embu, Murang’a and Laikipia
As previously reported, available information indicates that the defunct Local Authorities
of Embu, Murang’a and Laikipia had informally allocated land to the Street Families
Rehabilitation Trust Fund as captured in the Minutes dated 19 September, 2016.
However, audit revealed that the Fund had not identified the location of these properties
and had not obtained their ownership documents. Further, Management did not
demonstrate efforts put in place to acquire the ownership documents.
In the circumstances, the ownership, accuracy and completeness of the property, plant
and equipment balance of Kshs.10,603,417 as at 30 June, 2022 could not be confirmed.
Other Matter
225. Unresolved Prior Year Matters
In the audit report of the previous year, a number of paragraphs were raised in the Report
on Financial Statements. However, Management did not resolve the issues or disclose
all the prior year matters as provided by the Public Sector Accounting Standards Board
Templates.
REPORT ON LAWFULNESS AND EFFECTIVENESS IN USE OF PUBLIC
RESOURCES
Conclusion
226. There were no material issues relating to lawfulness and effectiveness in use of
public resources.
REPORT ON EFFECTIVENESS OF INTERNAL CONTROLS, RISK MANAGEMENT
AND GOVERNANCE
Conclusion
227. There were no material issues relating to effectiveness of internal controls, risk
management and governance.
69
MINISTRY OF PETROLEUM AND MINING – VOTE 1194
70
PETROLEUM TRAINING LEVY FUND
In the circumstances, the accuracy of the surface fees bank account balance of
Kshs.111,338,125 as at 30 June, 2022 could not be confirmed.
232. Long Outstanding Training and Service Fees
The statement of financial position reflects a balance of Kshs.2,732,715,009 in respect of
accounts receivable - fines, penalties, and levies. The balance relates to training levy and
service fees brought forward from the financial year 2020/2021 amounting to
Kshs.2,280,948,522 which has been accumulating over the years and had remained
unpaid by oil exploration companies since the year 2011. The amount was due from nine
(9) oil companies that operated eighteen (18) oil blocks as at 30 June, 2022.
Further, two (2) of the nine (9) contractors with an outstanding amount of US$.925,751.10
(equivalent to Kshs.99,842,256) have since relinquished their blocks to the Government
while the remaining seven (7) are still active. However, the two contractors who
relinquished their blocks were discharged before settling the outstanding training levy and
surface fees. Management did not provide evidence to demonstrate efforts made to
recover the outstanding amounts.
71
In the circumstances, it was not possible to confirm whether the funds were received by
the Corporation and utilised for training in upstream petroleum operations as provided for
in the Act.
234. Inaccuracies in Accounts Receivables Balances
The statement of financial position reflects accounts receivables - fines, penalties and
levies balance of Kshs.2,732,715,009 as at 30 June, 2022. As disclosed in Note 7 to the
financial statements, the balance comprises of fines, penalties and levies brought forward
from 2020/2021 financial year amount of Kshs.2,280,948,522 and fines, penalties and
levies for the year under review amount of Kshs.451,766,487.
Review of the ledgers revealed that the accounts receivables - fines, penalties and levies
brought forward was translated at a historical rate of Kshs.93.47 instead of the closing
rate of Kshs.117.8324. Additionally, the account receivables - fines, penalties and levies
for the year was translated at a rate of Kshs.117.45 instead of the closing rate of
Kshs.117.8324. This was contrary to paragraph 44(a) of the International Public Sector
Accounting Standards (IPSAS) which requires that assets and liabilities for each
statement of financial position presented, including comparatives be translated at the
closing rate at the date of that statement of financial position.
In the circumstances, accuracy of the account receivables - fines, penalties and levies
balance of Kshs.2,732,715,008 could not be confirmed.
235. Inaccuracies in Revenue from Non-Exchange Transactions
The statement of financial performance reflects revenue from non-exchange transactions
- fines, penalties and levies amounting to Kshs.21,726,282 (2020 - Kshs.198,837,610)
comprising of Kshs.18,630,000 and Kshs.3,096,282 in respect of training levy and surface
fees respectively as disclosed in Note 1 to the financial statements. According to Section
52(3) of the Petroleum Act, 2019, the Fund comprises of funds raised from contractors as
training contribution. Effectively, amounts collected in respect of surface fee do not
comprise the Training Fund revenue and ought to have been accounted for under the
State Department as Appropriation-In-Aid or surrendered to the Exchequer. However,
the financial statements of the Fund recognised the amounts received in respect of
surface fee but did not recognise an accrued transfer to The National Treasury expense
and the corresponding liability under accounts payable in the statement of financial
position as at 30 June, 2022.
In addition, the reduction of the levies for the Oil Company - Training Levy from
Kshs.147,792,592 to Kshs.18,630,000 and surface fee from Kshs.51,045,016 to
Kshs.3,096,282 have not been explained or reconciled despite the fact that fines,
penalties and levies not recoverable from the oil Companies have increased by over 40%.
72
Other Matter
236. Unresolved Prior Year Matters
In the audit report of the previous year, several issues were raised under the Report on
Financial Statements and the Report on Lawfulness and Effectiveness in Use of Public
Resources. However, Management had not resolved the issues or explained their failure
to do so contrary to the provisions of the Public Sector Accounting Standards Board
templates and The National Treasury Circular dated 11 May, 2022.
73
STATE DEPARTMENT FOR GENDER – VOTE 1212
UWEZO FUND
REPORT ON THE FINANCIAL STATEMENTS
Basis for Qualified Opinion
239. Unsupported Cash and Cash Equivalents
The statement of financial position reflects cash and cash equivalents balance of
Kshs.2,216,249,041 and as disclosed in Note 14 to the financial statements. The balance
includes two hundred and ninety (290) constituencies bank balances amounting to
Kshs.1,928,935,051 which was derived from bank statements and was not supported with
bank reconciliation statements, certificates of bank balances, board of survey reports and
copies of cash book extracts. In addition, audit verification revealed that the
constituencies had unreconciled balances resulting from untraceable deposits and
unpresented cheques.
In the circumstances, the accuracy and completeness of the cash and cash equivalents
balance of Kshs.2,216,249,041 could not be confirmed.
240. Unsupported Long-Term Receivables-Outstanding Loans
The statement of financial position reflects long-term receivables-outstanding loans
balance of Kshs.4,790,521,663 and as disclosed in Note 16 to the financial statements.
However, the balance was not supported with debtors’ ledgers detailing loans issued
since inception, repayments made and outstanding balances. In addition, Fund’s overall
loan performance indicates loan disbursements of Kshs.6,716,400,895 and loan
repayments of Kshs.741,048,530 or 11% of the disbursement resulting to an outstanding
balance of Kshs.5,975,352,365 or 89% whose recoverability is doubtful. Further, no
provision for bad and doubtful debts was made in the financial statements.
In the circumstances, the accuracy and completeness of the long-term receivables-
outstanding loans balance of Kshs.4,790,521,663 could not be confirmed.
241. Unsupported Trade and Other Exchange Payables
The statement of financial position reflects trade and other exchange payables balance
of Kshs.2,087,911 and as disclosed in Note 18 to the financial statements. The balance
relates to eight (8) Constituencies, however, analysis of these balances revealed
balances totalling Kshs.8,268,312 resulting to unreconciled variance of Kshs.6,180,401.
In addition, the trade and other exchange payables balance excludes outstanding audit
fees of Kshs.5,220,000 since the financial year 2013/2014.
In the circumstances, the accuracy and completeness of the trade and other exchange
payables balance of Kshs.2,087,911 could not be confirmed.
Other Matter
242. Budgetary Control and Performance
The statement of comparison of budget and actual amounts reflects final expenditure
budget of Kshs.361,041,445 against actual expenditure of Kshs.155,120,092 resulting in
an under expenditure of Kshs.205,921,353 or 57 % of the budget.
74
The under-expenditure affected the Fund’s principal activity of expanding access to
finances in promotion of youth and women businesses and enterprises at the
constituency level for economic growth towards the realisation of the goals of Vision 2030.
243. Unresolved Prior Year Matters
In the audit report of the previous year, several paragraphs were raised under the Report
on Financial Statements, Report on Lawfulness and Effectiveness in Use of Public
Resources, and Report on Effectiveness of Internal Controls, Risk Management and
Governance. However, Management has not resolved the issues nor given any
explanation for failure to adhere to the provisions of the Public Sector Accounting
Standards Board templates.
REPORT ON LAWFULNESS AND EFFECTIVENESS IN USE OF PUBLIC
RESOURCES
Conclusion
244. There were no material issues relating to lawfulness and effectiveness in use of
public resources.
REPORT ON EFFECTIVENESS OF INTERNAL CONTROLS, RISK MANAGEMENT
AND GOVERNANCE
Basis for Conclusion
245. Use of Manual Records
The Board had approved the procurement of Enterprise Resource Planning (ERP) system
and during the year under review, a budget provision of Kshs.17,000,000 was made.
However, the system has not been procured and the Fund continues to use manual
system to account for loans and the two hundred and ninety (290) constituencies bank
accounts. In addition, the procurement of goods and services has not been digitized
contrary to Executive Order No.2 of 2018 requiring every public entity to implement the
e-procurement system.
In the circumstances, the effectiveness of controls of the manual systems could not be
confirmed.
246. Weaknesses in Fund Administration
The statement of financial position reflects long-term receivables-outstanding loans
balance of Kshs.4,790,521,663 and as disclosed in Note 16 to the financial statements.
A review of records maintained at eight (8) sampled Constituency Uwezo Fund offices
revealed that, there was no follow-up of beneficiaries to ensure timely loan repayments,
loan reconciliations were not done, there were delays in releasing administrative funds
due to non-compliance in making returns, there were no backups and there were defaults
on loan repayments.
In the circumstances, the effectiveness of controls on loan issuing and repayments could
not be confirmed.
75
STATE DEPARTMENT FOR PUBLIC SERVICE – VOTE 1213
76
various mechanical defects. Management had not made any efforts to repair or dispose
the assets.
In the circumstances, the assets continued to deteriorate and any salvage value that
could have been realized may be lost.
251. Unresolved Prior Year Audit Issues
In the audit report of the previous year, several issues were raised in the Report on
Financial Statements, Report on Lawfulness and Effectiveness in Use of Public
Resources, and Report on Effectiveness of Internal Controls, Risk Management and
Governance. However, the Management has not resolved the issues or given any
explanation for failure to resolve the issues.
REPORT ON LAWFULNESS AND EFFECTIVENESS IN USE OF PUBLIC
RESOURCES
Conclusion
252. There were no material issues relating to lawfulness and effectiveness in use of
public resources.
REPORT ON EFFECTIVENESS OF INTERNAL CONTROLS, RISK MANAGEMENT
AND GOVERNANCE
Conclusion
253. There were no material issues relating to effectiveness of internal controls, risk
management and governance.
77
STATE DEPARTMENT FOR YOUTH AFFAIRS – VOTE 1214
78
the Recurrent Vote. Similarly, the Fund expended Kshs.523,291,558 against an approved
budget of Kshs.443,119,340 resulting to an over expenditure of Kshs.80,172,218 or 18%
of the budget. The underfunding affected the planned activities and may have impacted
negatively on service delivery to the public while the overexpenditure was incurred
irregularly.
Further, the statement of comparison of budget and actual amounts also reflects final
budget and actual receipts on a comparable basis of Kshs.730,000,000 and
Kshs.406,800,000 respectively resulting to an underfunding of Kshs.323,200,000 or
(44%) of the budget under the Development Vote. Similarly, the Fund expended
Kshs.394,008,848 against an approved budget of Kshs.741,100,000 resulting to an
underexpenditure of Kshs.347,091,152 or 47% of the budget. The underfunding and
underexpenditure affected the planned activities and may have impacted negatively on
service delivery to the public.
257. Unresolved Prior Year Matters
In the audit report of the previous year, several paragraphs were raised in the Report on
Financial Statements, Report on Lawfulness and Effectiveness in Use of Public
Resources and Report on Effectiveness of Internal Controls, Risk Management and
Governance. However, Management did not resolve the issues or give explanation for
failure to adhere to the provisions of the Public Sector Accounting Standards Board
Templates and The National Treasury’s Circular.
REPORT ON LAWFULNESS AND EFFECTIVENESS IN USE OF PUBLIC
RESOURCES
Basis for Conclusion
258. Doubtful Recovery of Receivables from Non-Exchange Transactions
The statement of financial position and Note 18 to the financial statements reflect
prepayments balance of Kshs.944,281, being rental deposits for premises that the Fund
vacated in 2017. However, the refund is yet to be made contrary to Regulation 64(1) of
the Public Finance Management (National Government) Regulations, 2015 which require
an Accounting Officer to ensure adequate safeguards exist and are applied for the prompt
collection and proper accounting for all revenue and adequate measures, including legal
action where appropriate, are taken to obtain payment. Management did not provide
explanation for not recovering the deposit.
In the circumstances, delayed recovery of the rental deposits could result to loss of public
funds.
REPORT ON EFFECTIVENESS OF INTERNAL CONTROLS, RISK MANAGEMENT
AND GOVERNANCE
Basis for Conclusion
259. Grounded Motor Vehicles and Motor Cycles
Review of the assets register revealed that six (6) motor vehicles and one hundred and
seventy-five (175) motorcycles were grounded due to various mechanical defects.
79
Although Management indicated that, it sought for approval of the Head of Public Service
for disposal of the assets on 6 March, 2018, no response had been received as at the
time of the audit.
As a result, the assets continue to deteriorate and salvage value that could have been
realized from sale, may be lost.
80
NATIONAL INTELLIGENCE SERVICE – VOTE 1281
There is therefore a material uncertainty on the Fund’s ability to continue to sustain its
services.
81
OFFICE OF THE REGISTRAR OF POLITICAL PARTIES – VOTE 1311
Unmodified Opinion
264. There were no material issues noted during the audit of the financial statements of
the Fund.
REPORT ON LAWFULNESS AND EFFECTIVENESS IN USE OF PUBLIC
RESOURCES
Conclusion
265. There were no material issues relating to lawfulness and effectiveness in use of
public resources.
REPORT ON EFFECTIVENESS OF INTERNAL CONTROLS, RISK MANAGEMENT
AND GOVERNANCE
Conclusion
266. There were no material issues relating to effectiveness of internal controls, risk
management and governance.
82
PARLIAMENTARY SERVICE COMMISSION – VOTE 2041
Conclusion
269. There were no material issues relating to effectiveness of internal controls, risk
management and governance.
83
Appendix A: Unmodified Opinion
No. National Government Funds
1. Equalisation Fund – The National Treasury
84
Appendix B: Qualified Opinion
No. National Government Funds
1. Provident Fund – The National Treasury
2. European Widows and Orphans Pension Fund – The National Treasury
3. Asian Officers Family Pension Fund – The National Treasury
4. State Officers and Public Officers Motor Car Loan Scheme Fund – The National
Treasury
5. Women Enterprise Fund – State Department for Planning
6. National Government Affirmative Action Fund – State Department for Planning
7. Government Press Fund – State Department for Interior and Citizen Services
8. Prison Industries Revolving Fund – State Department for Correctional Services
9. Prison Farms Revolving Fund – State Department for Correctional Services
11. Railway Development Levy Fund (Holding Account) – State Department for
Transport
12. Kenya Slum Upgrading Low Cost Housing and Infrastructure Trust Fund
(KENSUF) – State Department for Housing and Urban Development
13. Land Settlement Fund – Ministry of Lands and Physical Planning
14. Sports, Arts and Social Development Fund – State Department for Sports
18. Coffee Cherry Advance Revolving Fund - State Department for Co-operatives
85
Appendix B: Qualified Opinion
No. National Government Funds
22. Petroleum Training Levy Fund – Ministry of Petroleum and Mining
24. National Youth Service - Mechanical and Transport Fund – State Department
for Public Service
25. Youth Enterprise Development Fund – State Department for Youth Affairs
86
Appendix C: Adverse Opinion
No. National Government Funds
1. Rural Enterprise Fund – The National Treasury
3. Civil Servants Housing Scheme Fund – State Department for Housing and Urban
Development
4. Agricultural Information Resource Centre Revolving Fund – State Department for
Crop Development and Agricultural Research
87
Appendix D: Disclaimer of Opinion
No. National Government Funds
1. Government Clearing Agency Fund – The National Treasury
88
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