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{
    "id": 515764,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/515764/?format=api",
    "text_counter": 59,
    "type": "other",
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    "content": "with a similar matter relating to the late submission by the Cabinet Secretary responsible for Finance of the estimates of revenue and expenditure of the national Government which were submitted later than the period required under Article 221(1) of the Constitution. In ruling on the matter, the Speaker observed as follows, and I quote:- “A delay in such a situation is highly regrettable and must be strenuously avoided. But if, despite every effort, it does occur, I think that the obligation at Article 3 of the Constitution on every person to respect, uphold and defend the Constitution would demand that the person responsible for the delay or other failure seizes every available means to repair and mitigate that delay or failure.” In that matter, the Speaker noted that the delay in submitting the reports had been mitigated as the estimates had already been submitted. Unfortunately, in the present case and without prejudice to other remedies that may be available to the Senate, it is clear the Auditor-General should move with haste to mitigate the unconstitutionality arising by ensuring that that the audit reports are submitted to the Senate without further delay. Further, if this has not been done, the Auditor-General should similarly ensure that the audit reports are submitted to the Houses – the National Assembly and to the relevant County Assemblies. I, therefore, urge the CPAIC to remain vigilant in ensuring the observance of Article 229 of Constitution and of other relevant provisions of the Constitution and the law. Hon. Senators, I shall now proceed to the second matter which is the constitutionality or otherwise of the resolution by the National Assembly regarding an audit of the socio-economic impact of the Constitution of Kenya, 2010, and whether that resolution had diverted the attention of the Auditor-General resulting in the alleged delay in submission of the reports. On this matter, suffice it to say that a Legislature may make a resolution on any matter and, indeed, Legislatures will often make resolutions on all manner of issues. In addition, I am sure that Sen. (Dr.) Khalwale, who is a seasoned Member of Parliament would appreciate the status of such resolutions vis-à-vis the binding nature of legislation passed by Parliament. That said, hon. Senators, in accordance with Standing Order 90(4) and (5) which generally do not allow the Senate to call to question the proceedings of the National Assembly, save by way of a substantive Motion, I shall say no more on this matter. Nonetheless, as to whether that resolution may have diverted the attention of the Auditor- General resulting in the alleged delay in submission of the reports, whatever actions the Auditor-General may be taking to implement the resolution of the National Assembly, such actions cannot override the constitutional mandate of the Auditor-General under Article 229 of the Constitution. The execution of that mandate is not optional, neither is it discretionary on the part of the Auditory General. He has no choice. The reports required must be submitted and the submission must be made within the required timelines. Hon. Senators, the final matter is whether the provisions of Article 110(3) of the Constitution were observed in respect of the Public Audit Bill (National Assembly Bill No. 38 of 2014). This is a question of fact. The answer to the question is that the provisions of Article 110(3) of the Constitution were not observed. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}