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{
    "id": 549734,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/549734/?format=api",
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    "content": "There is power to develop organizational structure for his office and approve its budget estimates, subject to the powers of the Salaries and Remuneration Commission (SRC) in Article 230 of the Constitution which determines the remuneration and benefits of members of staff. In other words, this clause says that there are certain recommendatory powers that the Auditor-General will have regarding benefits and salaries to be enjoyed by staff working in his or her office. The Auditor-General also has powers to review and approve a list of audit firms or individual experts shortlisted for provision of outsourced services. It is clear that the Auditor-General in this Bill has the power to outsource certain audit services from private individuals and firms. It is, therefore, in that context that this power is provided for here. The Auditor-General also has the power to review and approve to put in place a code of conduct and ethics for his or her officers, in accordance with established international standards. There are so many other provisions, but there are also general powers in Clause 9 such as the general powers of the Auditor-General to investigate suo moto . By that, I mean “in his own motion.” He or she may investigate on his own motion or if moved by a third party. They may investigate a complaint or suspicion of fraud, corruption or misuse of public funds. The Auditor-General will also have power to engage consultants and also undertake conciliation mediation and negotiation. Clearly, it should be conciliation, mediation and negotiation in the context of his work. I do not think that we are saying here that the Auditor-General would be a mediator like Kofi Annan, going around helping people aggrieved. It should be in the context of audit issues. Mr. Temporary Speaker, Sir, I want to rush very quickly and highlight Clause 10 which is very important for an office like this one. This is because it talks about the independence of the Auditor-General from the direction or control of any person or authority. This gives the Auditor-General freedom from manipulation by any person or authority while under taking their work. You may recall that the Office of the Auditor- General is one of the offices that fall under Chapter 15 of the Constitution, which deals with constitutional commissions and independent offices. So, for that reason, the independence of the Auditor-General becomes paramount and is guaranteed by Clause 10. The Auditor-General and the staff working in that office are also obliged to perform their functions without fear, favour or prejudice. I will go through Clause 11 that talks about how a vacancy may arise in the office of the Auditor-General. One is in the case of death. Secondly, in the case of resignation, the Auditor-General will give notice to the President in writing. Lastly, the Auditor- General may be removed from office in accordance with Article 251 or Chapter 6 of the Constitution. Mr. Temporary Speaker, Sir, the replacement process of the Auditor-General who has vacated office on any of the three grounds that I have highlighted above is elaborately provided for. However, in a nutshell, if you look at Clause 11, it is very long and talks about the selection panel and membership of the panel. First of all, there must be a gazette notice by the President of a vacancy in the Kenya Gazette and also within newspapers with national circulation. After that, there will be a selection panel whose membership is provided for, including representatives of the Law Society of Kenya, The 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."
}