Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 551028,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/551028/?format=api",
    "text_counter": 214,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "going to be audited by the Auditor-General. These two bodies including other nominees to the board sit on this advisory board. The functions of the Auditor-General are very clear and I do not think he needs advice in the manner he performs his functions so long as he knows what those functions are and what is required of him. The Constitution says that in performing his functions, the Auditor-General shall not be under the direction or control of any person or body. Madam Temporary Speaker, if you look at the functions which are of particular concern to me, in Clause 26(1)(c), you will find part of the several functions, that this board is the one which is going to consider and approve the budget estimates and plans of the office of the Auditor-General. This is the beginning of the office of the Auditor- General losing its independence. This is because the office of the Public Service Commission, in terms of recruitment of staff, is such an important body and if it is playing a role within the office of the Auditor-General, it is my view that, that would interfere with the independence of that office. You have heard what Sen. Mutula Kilonzo Jnr. said and here we have another function that seems to go a little bit contrary to what he was saying, about what type of privileges and emoluments the staff in this office should get. Here they say: “Determine the remuneration and terms of appointment of the staff of the office of the Auditor-General, in consultation with the Salaries and Remuneration Commission (SRC).” The SRC has constitutional functions. I know that there is some interface there, but I do not understand how this advisory body would now be the one to guide the office of the Auditor-General in the terms of appointment of the staff in the office of the Auditor–General. They then say in Clause 26(1)(e) and (f): “Give any other advice that may be sought by the Auditor-General from time to time; and Perform any other functions as may be conferred by this Act or any other law.” On the face of it, this may look to be very innocent kind of functions on the part of the office of the Auditor-General. However, when it now comes to fulfilling the functions of this office, at the end of the day, that office will not function effectively and without interference. As you can see, the elements of the Executive, including that office of the Attorney-General and the Chairperson of the Public Service Commission has been introduced in that advisory board. Madam Temporary Speaker, there is another point which has been touched and I want to say a few points about it. I am grateful to Sen. Mutula Kilonzo Jnr. for having addressed himself to this matter. Clause 39(2) says: “The audit report on national security may be redacted to shield identities of persons as well as assets and liabilities as the case may be.” Who will make that decision? It just says generally that it may be redacted, but it is not clear from this Bill who will make this decision. From my experience and if Sen. Wako was here, he would tell you of an experience where a Bill had been passed and assented to by President Kibaki, and when it went to the Government Printer, they decided to print a version, not the one that had been assented to by the President, but the one that they thought would meet the ends of the barons in the office of the President. So, somebody can easily use this provision in the office of the Government Printer and say that: 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."
}