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{
"id": 1393156,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1393156/?format=api",
"text_counter": 325,
"type": "speech",
"speaker_name": "Pokot South, KUP",
"speaker_title": "Hon. David Pkosing",
"speaker": null,
"content": "3. Examine in the context of autonomy and efficiency of the public investments, whether the affairs of the public investments are being managed in accordance with sound financial or business principles and prudent commercial affairs. The Committee is limited to schedules... So, this being our maiden Report, it is important to mention that in the last Parliament, the Public Investments Committee (PIC) was auditing entire parastatals or investments. Hon. Temporary Speaker, this year it is different. That is why it is good to mention for the record that the Committee is limited to schedules of entities issued by the Hon. Speaker on 8th December 2022 pursuant to Standing Order 206(6) comprising a total… If you put all the investments we are auditing, it totals to 132 books. Maybe, there are 400 books in the entire country but in the wisdom of the House, it decided to divide them. This is because it was difficult for the Committee in the last Parliament to finish anything because the work is time consuming. The ones that I have mentioned are in the 132 books that were given to this Committee. Hon. Temporary Speaker, firstly, what is the yardstick or marking scheme when we are looking at those books that are brought by the Auditor-General? The question is, what guides the Committee in examining those books? Allow me to share with the House that we are guided by legal infrastructure, particularly Article 10 of the Constitution. It sets the principles of public finances which include openness and accountability in those agencies. Further, it includes public participation on financial matters as is described in Article 201(a) of the Constitution which talks about use of public money in a prudent and responsible way. The fundamental instrument is the Constitution which is the yardstick or mirror which guides my Committee when we are looking at those books that are brought before us. Secondly, we are also guided by Part 6 of Chapter 12 of the Constitution in terms of finances. It is good to go on record on behalf of my able Committee Members and state that Article 226 of the Constitution deals with accounts and audit of public entities. Those are very important instruments we use because Kenyans might ask what marking scheme or yardstick that we use when we are looking at those books? The Constitution gives us Article 226(2) as a marking scheme and it states that the accounting officer of a national public entity is accountable to the National Assembly for its financial management, and Article 226(5) states: “(5) If the holder of public office, including political office, directs or approves the use of public funds contrary to the law or instructions, the person is liable for any loss arising from that use and shall make good the loss, whether the person remains the holder of that public office or not.” We must be guided that if an officer commits an offence in the management of public resources, the individual knows that they are equally culpable as the institution that is punishable. Further, we are guided by Article 227 of the Constitution on the procurement of public goods and services which provides that, and I quote: “When a State organ or any other public entity contracts for goods or services, it shall do so in accordance with a system that is fair, equitable, transparent, competitive and cost- effective.’ That is what we pay attention to when we examine those particular books. We are also guided by Section 68 of the Public Finance Management (PFM) Act No.18 of 2012, which stipulates the responsibilities of accounting officers for national Government entities, Parliament and the Judiciary. To enhance accountability, the National Assembly, through its oversight role, is asked to ensure that the resources of public entities are used in a lawful, authorised, effective, efficient, economical and transparent manner. Similarly, Section 72 of the PFM Act guides this Committee in examining those documents. Fundamentally, I mention that because Kenyans will ask us what we are using to examine those books. We are guided by the Constitution and the legal infrastructure. The 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"
}