Photo: Liberia Government

President Sirleaf and members of her cabinet.

The Director General of the General Service Agency (GSA) Madam Pearine Davis Parkinson has unveiled a serious conflict of interest in the function of Liberia Auditor General Robert Kilby.

At a budget hearing Tuesday madam Parkinson told members of the Ways, Means and Finance Committee and observers at the hearing that her entity , the (GSA) signed and entered into a contract with Mr. Kilby's accounting Firm to carry out Assets and Fleet management, Tracking and reporting system at the GSA.

The contract according to a copy of which is in the possession of this paper was made and entered into on the 3rd of December AD 2012 between the GSA and an independent Software Certification Company, own by Mr. Robert Kilby three months after he took over the GAC.

Kilby took office on September 3, 2012.

According to the agreement the company expressed its desire to enter into a contract for the construction of an asset and fleet management, Tracking and reporting system.

The contract amongst many other requirement states that: "The contractor is convenient that it has the requisite training, expertise, and technical competence in the trade and performed similar work in both Liberia and the United States of America; that is to customize the development of a software that will automate the owner's asset and fleet tracking and reporting system for the GSA into consideration, strategic national security interest." Some finds the language troubling as it states the firm must have performed similar work "both in Liberia and the United States of America excluding all other countries," without any evidence that Mr. Kilby and/or his firm have ever performed similar worked in Liberia and United States, clearly showing that the contract language indicates that it was a "set aside" for Mr. Kilby. Such restrictive language in procurement usually indicates that the contract has been wired for a given firm.

The contract also states that Kilby's Firm was to receive the amount of two hundred and twenty thousand United States dollar (USD$ 220,000) based on the scope of work indicated in the proposal.

It was agreed between the Company and the GSA that the money should have been paid based on an installment basis. The contractor agreed to pay up to forty percent (40%) of the above stated price, which is the equivalent of eighty eight thousand three hundred sixty united sates dollars (USD$ 88,360) prior to the commencement of the work.

The document also states that Second installment payment of sixty six thousand, two hundred and seventy United States dollars ($66,270.00) be paid to the company upon fifty percent completion of by the contractor of said work.

In the document both parties also agreed that fifty five thousand, two hundred twenty-five united states dollars ($55,225.00) be paid by the owner to the contractor upon completion of hundred percent of the said work and that the final payment of eleven thousand forty-five united states dollars ($11,045.00) be paid by the owner to the contractor upon satisfaction that the contractor has performed according to the terms and conditions of the contract

Section 131. (1), subpart b and c of the Public Procurement Act, 2005 states that "Any public officer involved in requisitioning, planning, preparing and conducting procurement proceedings and administering the implementation of contracts, shall - (b) Always act in the public interest and in accordance with the object and procedures set out in this Act. (c) At all times avoid conflict of interest and the appearance of conflicts of interest, in carrying out his or her duties and shall immediately disclose any conflict of interest and excuse himself or herself from any involvement in the matter."

Article 90 (a) of the 1986 Constitution stipulates, "no person, whether elected or appointed to any public office, shall engage in any other activity which shall be against public policy, or constitute conflict of interest."

The contract given to Kilby clearly demonstrates conflict of interest in his position as auditor general. He is banned from taking or participating in contracts on behalf of his firm from government entities when he is been charged with the responsibility to audit the very entities. Other ministers and heads of agencies could likely escalate the forming of companies just for the purposes of bidding on government contracts, creating a situation where government officials become the owners of companies that bid on government contracts. In such an instance, it is hard to imagine how value for money can be achieved which is the main purpose of the procurement act.

Kilby took office on September 3, 2012 took on his post as Liberia's Auditor General, replacing Mr. Winsley Nanka who for several months, acted in the position and the contract was signed on the 3rd of December 2012 three months after he took over the GAC.

Parkinson also told members of the committee that the contract was given Kilby's firm because she had worked with Kilby before at two entities which include; at the Executive Mansion, and GSA.

FrontPageAfrica has also gathered that Parkinson and Kilby's business relationships which yielded contracts at both the Executive Mansion and the GSA did not go through the Public Procurement Concessions Commission(PPCC). Pekinson could explain the work performed by Kilby at the Executive Mansion and GSA, and what was produced for the benefit of the Liberian taxpayers.

A month before he was renominated and confirmed, FrontPageAfrica reported that Kilby was being taking to court before he has refused to pay rent for two years, claiming he did not have the funds to pay rent since he was unemployed at the time and his company was not making money.

The GSA boss also confirmed that Kilby participated in a bidding process along with three experts from USAID and that Kilby's firm produced better competence need to carry out the job at the entity.

Recently FPA published a confidential draft legislation crafted by Kilby in circulation among a select group of people by the national legislature seeking the life term of 70 years compare to the Chief Justice of the Supreme Court, which means he remain Auditor General until the age of 70, or possibly until his death.

The legislation is believed to be the brain behind the proposed draft document seeking amendment to the Act establishing the General Auditing Commission (GAC).

According to Section 2.5 of the document, obtained by FrontPageAfrica: "The Auditor General Shall hold office for a term of nine years, or until reaching the age of seventy (70), and shall not be eligible for reappointment.

Article 71 of the constitution states that the Chief Justice "must retire from office upon reaching the age of 70, though he may remain on the Court long enough to render judgment or perform any judicial duties regarding matters he began addressing before reaching that age."

Section 2.8 of the proposed Act states that: "The Auditor General ceases to be Auditor General

Upon his/her death or incapacity to perform his/her duties to severe illness; When his/her term of office expires; or If he/she resigns by giving at least three months written notice to the appropriate authority of the Legislature and to the President.

The draft is also proposing that the Auditor General can be removed from office by the President with approval of the Senate, only for malfeasance or failure to properly carry out his/her duties. AG Kilby is also seeking absolute powers to fire GAC staffers at will.

Section 2.9(c) states that "the Auditor General shall independently have the right to appoint or dismiss the staff of the General Auditing Commission and is responsible for setting the terms and conditions of service, subject to the protection provisions of the Labor Law.

The classification and remuneration of staff shall be broadly in line with those of other Supreme Audit Institutions within the region but sufficient to recruit, retain and motivate staff."

The AG is also proposing to have the right to delegate activities to members of his staff as he/she sees fit. In particular, "the Auditor General shall authorize staff, or contracted experts, to conduct audits of all types."

The revelation by the GSA boss Monday suggests that Kilby's intent in seeking absolute powers in the new draft legislation was designed to cover up his dealings and give himself absolute control and access to contracts to his own firms.

The GAC boss' activities have been shouded in controversy since his clandestine confirmation by the Liberian Senate last year after a long credential snag. FrontPageAfrica recently reported that Kilby hired 69 persons since he assumed the post amid the confusion over illegally fired employees of the commission.

Records on the hiring in possession of FrontPageAfrica shows that among the 69 new individuals hired, there are three mechanic drivers each making US$500, two VIP Security with a salary of US$ 500, an executive driver with the same last name as Kilby who makes US$750.

The AG according to the document also brought in an intern who makes US$250, an office assistant who earns US$1,000, a media analyst who makes US$850. Mr. Kilby also hired nine persons holding the positions of directors but with varying salaries ranging from US$5,000 to 3,000 and a comptroller who earns US$5, 3000.

The revelation comes amid concerns from many quarters that Mr. Kilby is yet to perform an audit even though he has been allotted more than US$7 million to carry out audits. Recently Liberia has been engulfed in series of financial controversies especially as it relates to how ministries and agencies spent monies allotted them in the precious budget.

Even at Kilby's GAC most of the funds allotted have reported been spent on lofty salaries Kilby has allotted to new hires. Kilby, FrontPageAfrica has also reportedly increased his monthly salary from the US$8,000 agreed at the time of his appointment to US$15,000.00.

AG Kilby in November of 2012 fired over forty (40) individuals from the GAC because he said the commission did not have the funds to pay them. Many are waiting to see what comes out of the revelations made by the GSA boss in a country where the government takes nothing seriously. The revelation also comes at a time when Kilby has not produced a single audit.

Chapter 53, Section 53.2 of the Executive Law that created the GAC states that, "The Auditor-General shall be removed by the President for gross malfeasance or gross nonfeasance in office for mental or physical disability or incompetence. In the absence of the Auditor-General, the President shall appoint one of the Deputies to act in the capacity of Auditor-General." Some have argued that Kilby's actions reflect conflict of interests, in direct contraction of Article 90 of the Liberian constitution which forbids conflict of interest, which is a corruption and corruption is regarded as gross malfeasance.

It is unclear what impact the GSA boss's testimony will have on the future of Kilby who is yet to perform an audit despite nearly running out of his $US7.1 million budget in a role of an Auditor General-turned government contractor, responsible for providing oversight for a post-war nation on the mends and looking to restore its economic sanity.