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"content": "be auditing the CBK without conditions that contradict the spirit of the Constitution of Kenya and the Public Audit Act of 2003. Mr. Temporary Deputy Speaker, Sir, the import of this is that if financial irregularities are done at the CBK, the Controller and Auditor –General has his hands tied. He cannot go to it because the CBK then runs to the Act and says: “Whereas Section 105 of the former Constitution and Section 229 of the current Constitution give you this power, we are protected by the Central Bank of Kenya Act, unless you go to the Minister for Finance.” So, in the unlikely event – and this event is fairly likely in this country – where the Minister for Finance has an interest in something being covered, he will then not give that authority. Mr. Temporary Deputy Speaker, Sir, we also observed that the Ministry of Public Works in its procurement and execution of public works of Government entities had many issues. There was general dismissal and unsatisfactory performance by the Ministry of Public Works in the procurement of service providers and implementation of Government projects across several Ministries. Some of the Government projects with unsatisfactory matters included numerous variations of projects indicating poor planning, award of tenders to contractors that were incompetent or lacked capacity, delayed completion of projects, poor quality of works and general lack of prudence in utilization of public funds. Mr. Temporary Deputy Speaker, Sir, the Committee also observed that the role of the Ministry of Public Works as the sole procurement and implementing agency of all public works for all Government Ministries was against the Restrictive Trade Practices, Monopolies and Price Control Act and also contravened the spirit of Public Procurement and Disposal Act of 2005. We recommend that the Government should review the role of the Ministry of Public Works in the procurement of service providers for the Government and execution of public works with a view to enhancing accountability, professionalism, transparency and overall public satisfaction for work done. Mr. Temporary Deputy Speaker, Sir, we also observed general lack of a legal framework to regulate the building and construction industry. We recommended that the Government should, as a matter of urgency, develop a legal framework to regulate the building and construction industry to ensure satisfactory completion of works and delivery of service to recipients. Mr. Temporary Deputy Speaker, Sir, we also observed under-expenditure and under-collection of Appropriation-in-Aid. To this end, we recommend that the Government should once and for all, address the issue of under-expenditure and under- collection of Appropriations-in-Aid in the Ministries and departments."
}