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{
    "id": 1175130,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1175130/?format=api",
    "text_counter": 109,
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    "speaker": null,
    "content": "Member for Emurua Dikirr, do not run into the Chamber. You are an honourable Member. Just stroll in majestically, as you normally do. Indeed, Clause 18 of the Bill, which seeks to repeal section 54 of the Universities Act, 2012, has established the Universities Fund Board without providing the standard provisions on auditing and reporting normally found in legislation which have established Funds. I note that Articles 226 and 229 of the Constitution as read together with the Public Audit Act, 2015, require the Auditor-General to audit any entity that is funded from public funds. The Bill ought to have expressly actualised these standard provisions in Clause 18 with specificity. Certainly, to have a Bill without audit provisions where public funds are to be advanced to private entities is tantamount to negating the provisions of Articles 201, 226 and 229 of the Constitution. Simply put, to establish a board or a fund without auditing provisions is certainly putting the cart before the horse. Hon. Members, what troubles me is the fact that from the outset, this was not a consideration that informed the introduction of the Bill in the House. However, I note that the Members for Kikuyu and Seme constituencies have, in their proposed amendments to the Bill, provided for the requirement for the audit of the public funds directed to private universities. I am quite uncomfortable to leave the inclusion of a provision seeking to reflect a constitutional principle to the vagaries of a vote of the House, which may go either way, or be withdrawn by the Mover. Indeed, the Speaker has no power to order that a proposed amendment by a Member be carried in the House to cure a constitutional deficiency. To this end, it is my considered view that any provisions in the Bill seeking to address any concerns raised with regard to its constitutionality, ought to have been addressed at its publication. Any revision at this particular stage of the Bill through amendment fails to properly address the constitutional concerns raised, as the amendments may be defeated by a simple majority of the Members of the House present and voting, and lead to an absurd result. Though unable to pronounce myself with finality on the constitutionality of the cited provision at this stage, I am perfectly able to direct that the issues raised are valid and ought of have been addressed by the proponents of the Bill before its publication. Hon. Members, whereas, it is notable that the Auditor-General has a constitutional obligation under Articles 226 and 229 of the Constitution to audit any entity funded by public funds, the auditing requirements ought to be included in legislation and the case presented by this Bill is not exceptional. I, therefore, urge the next House to ensure that public funds that may have been expended this year or indeed previously to entities under the Universities Act are held accountable, and the Auditor-General has certainly a constitutional obligation to audit and report on the accounts of such entities, separately. Hon. Members, with respect to the constitutionality of the Bill with regard to Article 10 of the Constitution on the national values and principles in particular of good governance, I note that Clauses 13 and 14 of the Bill propose to give power to the Cabinet Secretary responsible for Education to appoint Vice-Chancellors of public universities, and to revoke the appointment of the chairperson and/or any member of the councils of the universities. Clause 13 further gives the Cabinet Secretary power to approve meetings of the councils of public universities where they propose to meet more than four times in a year. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}