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{
    "id": 550074,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/550074/?format=api",
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    "content": "“According to me, this matter should be redacted and it does not matter what the office of the Auditor-General says.” Therefore, Parliament, which should be the recipient of this report, would not know what is in that report. Madam Temporary Speaker, again, Clause 43(1) says: “The appointed auditor shall prepare a report on the examination and audit and submit the report to each relevant Clerk of Parliament, with a copy to the Cabinet Secretary (CS) responsible for finance and the Attorney-General.” The Constitution, in Article 229, requires the auditor’s report only to go to Parliament and the relevant county assembly. The Constitution was trying to ensure that the Auditor- General is a tool of Parliament, and always responsible and accountable to it. It is clear in the Constitution that the only personal body that the Auditor-General should report to is the legislature, either at the national or county level and not the Executive. We are now seeing a provision introduced here where it will be required of him to report to the CS. I do not want to guess why that is there, but you will find that it is for mischief, if I may be open and candid about it. Madam Temporary Speaker, in Clause 48, there is a requirement that the final audit report should go to the CS. One of the reasons corruption has been bedeviling this country year after year, is the interference by the Executive in these independent offices. Parliament just becomes a pathologist or mortician who deals with the body of somebody who has expired. The spirit of the Constitution is that Parliament should make interventions in a timely and effective way. Therefore, when a law tries to put burden on the office of the Auditor-General and requires that he reports to other creatures, which are not contemplated in the Constitution, my view is that this Bill has gone beyond the Constitution which is very clear on this particular issue. In conclusion, Madam Temporary Speaker, this Parliament has a great responsibility not only for now but even for the future. If we begin doing things the right way, we may succeed as a nation. A lot of laws were in place at Independence in 1963 and there were very good provisions regarding the independence of the various arms of Government. However, it is laws like this one before us that slowly enabled the Executive to become a powerful instrument in governance, to the extent that both Parliament and the Judiciary became more executive than the Executive. That is why Sen. (Prof.) Lonyangapuo can be served within the precincts of Parliament and nothing happens. In fact, this matter arose while you were not in the Chair, but I think you were here. I am waiting to see the effectiveness of Parliament even on that single incident; that in a process where there is a small piece of legislation that says you cannot ---"
}