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{
    "id": 606711,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/606711/?format=api",
    "text_counter": 181,
    "type": "speech",
    "speaker_name": "May 27th, 2015 SENATE DEBATES 22 Sen. Mutula Kilonzo Jnr.",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Speaker, Sir, I am impressed by Sen. Muthama’s recollection. It is a good answer. I want to emphasize the value of having the Senate and the National Assembly agree on matters of legislation. Instead of throwing tantrums as if we are quarrelling over something, we have a version which we have debated and agreed on. In a day, we have had a report and there has been nobody who has come out of that room unscathed, lost their skin or teeth. On Clause 5, I agree that although we were very ambitious in attempting to say that the Auditor-General should be a post-graduate degree holder, the Constitution does not give such a minimum or maximum. Therefore, that is in order. Clause 19 is very important for the Senators because it appeared as if the Cabinet Secretary (CS) in charge of Treasury was being given a blank cheque to audit the proposed estimates of the Auditor-General which was in violation of Article 229 of the Constitution in terms of the independence of this office. The part where the Cabinet Secretary can give comments is a very good way of resolving the disputes that we have had with the National Assembly on the question of Clause 19. Mr. Speaker, Sir, Clause 24 is very important and an interesting thought that the Auditor-General cannot sit in chairmanship of himself as an independent office. Therefore, in our amendment where we had proposed that he would be the Chairman, it appears untidy for him to chair an Audit Advisory Committee which ideally would be advising his office. In terms of Clause 24, we have come to an intelligent compromise which will guide the office of the Auditor-General. Similarly, on the appointment of the chairperson, it is in conformity with the Constitution in terms of appointment of the chairperson. Clause 32 did not have much of a problem in terms of what we wanted done in terms of the reporting so that the word “shall” which is in Part II of Clause 32 has resolved the problems we have had. Mr. Speaker, Sir, although I am seconding this Motion, Clause 39 will give me some element of sleepless nights because it still does not augur well in terms of how this will be done. Although this is a mediated version, I want to say on record that we have left this portion, particularly the one on vetting, a little untidy. It appears as if there is discretion, as if it is not clear and as if somebody else will have to make another determination because there should have been either a “for” or the authorized Government agency should have been mentioned specifically. Mr. Speaker, Sir, on Clause 39 (1), although the Committee says that they will agree on the areas that may touch on the national audit, the only portion – and I want to say so, so that when the Senators are voting and contributing can note – is the one of agreement, because there is no provision in the event that there is no agreement. This then leaves the Auditor-General with a little problem; either he agrees or disagrees with them. On Clause 39, I beg that this House reconsiders that mediated version, because that portion still appears a little ambiguous. For purposes of legislation, I would rather that we have a clearer section on what agreement would be arrived at and if there is a disagreement, how that disagreement 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."
}