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14 January 2005

Kenya Government Gazette dated 2005-01-14 number 5

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SPECIAL ISSUE




        THE KENYA GAZETTE
                                               Published by Authority of the Republic of Kenya —

                                                       (Registered as a Newspaperat the G.P.O.)


Vol. CVII—No. 5                                       NAIROBI,14th January, 2005                                                     Price Sh. 40

GAZETTE NOTICE NO. 297                                                            (b) develop a clear procedure and criteria for dealing with existing
                                                                                      Governmentpending bills;
                    OFFICE OF THE PRESIDENT
                                                                                  (c) identify cases where there may have been corrupt. fraudulent
               PENDING BILLS CLOSING COMMITTEE
                                                                                      and false claims against the Government and make appropriate
      ESTABLISHMENT OF PENDING BILLS CLOSING COMMITTEE                                recommendations to the relevant Government departments:
    IT IS notified for general information that His Excellency, Mwai              (d) develop a system to ensure that future escalation of pending
Kibaki, President and Commander-in-Chief of the Armed Forces of                       bills within Governmentis avoided:
the Republic of Kenya has established a committee to be knownasthe
Pending Bills Closing Committee. The purpose of the Committee is to               (e) identify cases where Governmentofficials may have facilitated
bringto finality the problem of pending bills.                                        or abetted unjustified claims against the Government and make
                                                                                      appropriate recommendations for action by the relevant
   It is further notified for information that upon publication of this               Government departments: and
notice, any person with any claim or pending bill against the
Government should submit such claimsor bills to the Committee for                 (f) perform any other function. incidental to the foregoing.
consideration.
                                                                                  3. Inthe performanceofits functions the Committee—
    1. (1) The Committee shall. consist of-—
                                                                                  (a) shall have access to reports of any previous investigations
       (a) a Chairman appointed by the President; and                                 relevantto its mandate:

       (b) the following other members—                                           (b) shall as it considers appropriate. carry out or cause to be carried
                                                                                      out such studies or research as may inform the Committee on
           (i) a memberfrom the Institute of Engineers.of Kenya;                      its mandate:
           (ii)a member from the Institute of Certified Public                    (c) shall, through the Minister for Finance, submit monthly
                Accountants of Kenya;                                                 progress reports to the Cabinet’s Anti-Corruption Committee:
                                                                                      and
         (iii) a memberfrom the Law Society of Kenya;
                                                                                  (d) subject to the foregoing. the Committee shall have all the
         (iv) a member from             the   Kenya    Anti-Corruption
                                                                                      independence necessary for carrying out its functions or
              Commission;
                                                                                      expedientfor the proper execution of its mandate, including the
         {v)    the Permanent Secretary/Ministry of Roads antl Public                 powerto regulate its own procedure, without being the subject
                Worksor his representative;                                           of control by any other authority.

         (vi) the Permanent Secretary/Ministry of Finance or his                  4. The Committee shall—
              representative:
                                                                                  (a) within four (4) months, after scrutiny and analysis of the
         (vii) three procurementexperts appointed by the Minister for                 Government s stock of pending bilis, submit to His Excellency
               Finance; and                                                           the President a report recommending to the Treasury settlement
                                                                                      or otherwise of the pending bills:
         (viii) the Attorney-Generalorhis representative.
                                                                                  () within twelve (12) months submit to His Excellency the
    (2) The Chairman and other members of the Committee shall, prior                 President a final report detailing a system geared towards
to embarking on their duties, subscribe to the declaration prescribed in             ensuring that future escalation of pending bills within
the schedule.                                                                        Governmentis avoided;
    2. The functions of the Committee shall be to—                                (cyin the report referred to in paragraph (b), identify cases where
                                                                                      Government officials may have facilitated or abetted
    (a) scrutinize and analyze all existing stock of Government
                                                                                      unjustified claims against. the Government and make
        pending bills with a view to making appropriate
       recommendation
                 ations       ¢    epaeney for navment or otherwist:                  appropriate recommendations for action by the relevant
       recommen      ns   t       Treasuty for payment or otficrwisc,
                                                                                      Government departments:



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