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"id": 1526266,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1526266/?format=api",
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"type": "speech",
"speaker_name": "Molo, UDA",
"speaker_title": "Hon. Kuria Kimani",
"speaker": null,
"content": " Hon. Temporary Chairlady, I beg to move that the new clause 11A be now read a Second Time. Section 12 of the Public Audit Act was providing for an Auditor-General to serve in an acting capacity. However, the case of Transparency International (TI Kenya) v Attorney General and two others [2018] in Petition No.388 of 2016 found that section to be unconstitutional. You cannot have someone in the Office of the Auditor-General serving in an acting capacity. This was envisioned when FCPA Ouko was in office and the Public Service Commission (PSC) took a very long time before appointing a new Auditor-General. The thinking then was that there was need to have someone serve in an acting capacity in the absence of an Auditor-General. Having listened to all the stakeholders, and noting that the term of the Auditor-General has a constitutional timeline. It is possible to predict when that time will come to an end and start the recruitment process of a new Auditor-General on time. So, that before the term of the serving officer comes to an end, a new Auditor-General can be in place almost immediately. That is why we are repealing Section 12 of the Public Audit Act."
}