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{
    "id": 549732,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/549732/?format=api",
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    "content": "personality with the capacity to sue and to be sued, to contract and to acquire assets just like other legal persons established by law. In Section 4(4), the Bill empowers the Auditor-General, as the head of that institution, to have staff and to also ensure that the office, although shall be headquartered in the capital city, will have offices in as many parts of the country as possible so that Kenyans can access the public audit services, especially, given the fact that the Bill empowers the public to lodge complaints and to move the Auditor-General to audit where it is suspected there is misuse of public funds, either as a deterrent or as a corrective measure. In Section 5, qualifications of who becomes Auditor-General are provided for. These qualifications are set out in Article 229 of the Constitution of Kenya. “The Auditor-General shall be nominated by the President, approved by the National Assembly and appointed by the President.” Therefore, the nomination is by the President. The National Assembly approves and the President appoints. I think by now we should be used to the nominations, approvals and appointments of such like public officers. Mr. Temporary Speaker, Sir, the Auditor-General must be somebody who has knowledge in matters of public finance, ten years experience in auditing, accounting or public finance; must meet the requirement of Chapter 6 of the Constitution; must be a practising member of a professional body of accountants recognised by law so that we do not have quacks or people with unsubstantiated qualifications coming to pose as our Auditor-General. This should be a person who is a practising member of a professional body of accountants recognised by law, among other things. In Clause 6 of the Bill, the term of office is eight years which is non-renewable. This is such an important office where you want to achieve two objectives. One, we want to make sure that the Auditor-General is in office long enough to establish themselves and their independence. At the same time, to remove the anxieties of reappointment where you have a shorter term of four years and have a reappointment. There is also something relating to best practice elsewhere in the Constitution with the Office of the Director of Public Prosecutions, such an important office. This will give adequate time to deliver and remove the anxieties of pleasing people so as to be reappointed for a second term. Very quickly, the functions of the Auditor-General are to audit the national and county governments’ accounts. These are accounts of courts, commissions and independent offices, the National Assembly, Senate, County Assemblies’ accounts, accounts of political parties and any other entity that is funded by the public coffers. That will be the function of the Auditor-General. The Auditor-General will also audit state organs and public entities to establish whether money has been applied lawfully and effectively. The Auditor-General is also empowered to establish, through his or her work, if money is used as was intended and whether it was used by persons authorized to use it. That is the function, broadly speaking. In Clause 8, there are certain administrative powers to discipline the human resources. There is power to put in place strategic and operational plans for the office. 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."
}