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"id": 553395,
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"content": "The Committee was established to develop a version of a Public Audit Bill (National Assembly Bill No. 38 of 2014) and, in particular, Clauses 5, 11, 19, 24, 32 and 39 that would be presented to both Houses for approval as provided for under National Assembly Standing Order No. 149 (6) and Senate Standing Order No.154. The specific clauses of the Bill that were in contention were Clauses 5, 11, 19, 24, 32 and 39. Hon. Speaker, the Committee held one sitting on 27th May, 2015. During the sitting, the Committee conducted the election of the chairperson and the vice-chairperson, where I was elected the Chairman and Hon. Senator Billow Kerrow the Vice-Chairman. At that meeting, the Committee made reference to the Report of the pioneering Mediation Committee that recommended that, in future, the chair of the Meditation Committee should be elected form amongst members of the House that originated the Bill. The Committee thereafter deliberated on Clauses 5, 11, 19, 24, 32 and 39 of the Public Audit Bill (National Assembly Bill No. 38 of 2014), which were in contention. Hon. Speaker, as I have said, the Committee deliberated on the contentious clauses and unanimously agreed on a version of the Bill to be presented to both Houses for approval. The agreed version of the Bill is hereby attached to this Report. Those Members who have the Report, you may want to check, it is annexed there. The Committee thanks the offices of the Speakers and Clerks of the National Assembly and the Senate for the necessary support extended to it in the execution of its mandate. I wish to thank all the Members of the Committee for their sacrifice, commitment and selflessness to the course of the mediation process that culminated in the concurrence Report by the Mediation Committee. Hon. Speaker, it is my pleasant duty, pursuant to Senate Standing Order No. 155 (1) and National Assembly Standing Order No.150, to present a Report of the Mediation Committee on the Public Audit Bill (National Assembly Bill No. 38 of 2014) for consideration and adoption. Having given that background, I will now briefly go over the contentious clauses and explain what we have agreed upon. Hon. Speaker, initially, there was a contention. This House rejected an amendment by the Senate and, therefore, there was contention on Clause 5. This was about the qualification for appointment as the Auditor-General. The Senate had proposed that for a person to qualify to be the Auditor-General, he or she should have a postgraduate degree and this House said no. When we went to the mediation process, we were in agreement that the earlier position taken by this house be carried. Therefore, the Senate agreed to stand down their proposed amendment which was rejected by the House. So, we agreed that we go back to what the House had earlier resolved, which provided that for appointment as the Auditor-General, one will have only the first degree so that we open room for many Kenyans. But if you have a postgraduate degree, nobody is preventing you from applying for the job. However, what is required is the minimum requirement. Under Clause 11, which relates to the selection panel which is appointed to select candidates for nomination as Auditor-General, the Senate had said that, that selection panel will elect a chairperson of the panel, but this house rejected that. When we went to the mediation process, we unanimously agreed that since - and it is in the Constitution - it is the mandate of the President to nominate an Auditor-General, what we are only doing is facilitating the President so that he is able to nominate a person through a competitive process. We said that we give him the power to nominate the chairman and the members of the selection panel. So, the only thing that"
}