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"speaker_name": "Hon. Ochieng",
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"legal_name": "David Ouma Ochieng'",
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"content": "Clause 72 is very fundamental. It is really sad, it says that the Auditor-General cannot question any Government policy; that this person can only question expenditure but cannot question any Government policy. If you allow me to read, I will read for you so that you understand the breadth of what I am talking about. It says:- “In performance of his or her functions and duties under this Act, the Auditor-General may not question the merits of a policy objective of government or any other state organ or public entity.” The Constitution requires that this person must look at the effective and efficacious expenditure of Government money. How can he do this without being able to question whether the policy being set out will result in good use or bad use of public money? If you look at Clause 68, it again says that the Auditor-General will only act under what is said there. He will only make regulations if he consults the Cabinet Secretary (CS). In the last two Sessions, we have had this Parliament debating and passing laws that, in my opinion and sometimes even in your opinion hon. Speaker, have gone against the Constitution. At the end of last Session when we were discussing the Security Laws (Amendment) Bill, one of the issues raised that time was similar to what I am raising today. Could you please look at this Bill and rule on the areas I have mentioned? If we go into the Third Reading and pass the Bill, we risk reducing the role of the Auditor-General as envisaged in the Constitution. The reason for creating the Office of the Auditor- General was so that we could create confidence and allow the person to work independently. Hon. Speaker, I so beg to move."
}