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{
    "id": 885650,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/885650/?format=api",
    "text_counter": 122,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Members, you will recall that on Thursday, 7th March 2019, the Leader of the Majority Party rose on a point of order citing Standing Order Nos.83, 206 and 216 and sought guidance of the Speaker on alleged conflict of mandate between the Public Investments Committee and those of Departmental Committees. He also sought guidance on the role of the Auditor-General is so far as special audits are concerned and the place of the progress report of the Public Investments Committee on the inquiry into the proposed takeover of Jomo Kenyatta International Airport (JKIA) by Kenya Airways (KQ) which was laid on the Table of the House by the Chairperson on Wednesday, 27th February 2019. In particular the Leader of the Majority Party invited the Speaker to pronounce himself on two key issues: a. whether it will be procedural for a Committee of the House to order stay of progress, or indeed to recommend stay of progress on ongoing government- initiated policy or project which is at infancy stage citing an ongoing inquiry by the House; and, b. whether the Auditor-General could carry out an ex-ante or anticipatory investigations into a matter to establish adherence to the law and Government policy. Hon. Members, in his submission, the Leader of the Majority Party observed that the matter of the ongoing arrangements between Kenya Airways and the Kenya Airports Authority is a matter of Government policy and does not fall within the remit of the Public Investments Committee and by extension the Auditor-General. He further contended that the Constitution gives functions of the Auditor-General as amongst other things, the examination of accounts of the national and county governments; accounts of all funds and authorities, accounts of all courts and the accounts of the National Assembly and the Senate. The Leader of the Majority Party and indeed a section of other Members who spoke, pointed out that the nature of the Auditor-General’s work is to great extent post-mortem, that is, limited to expenditure already incurred and that that the Auditor-General should not audit a Government policy particularly at conceptualisation stage. Hon. Members, you will, indeed, recall that these very weighty procedural issues raised by the Leader of the Majority Party elicited reactions from the Floor, with very valuable input from the Chairperson of Public Investments Committee, the Hon. Abdullswamad Sherriff Nassir; the Chairperson of the Departmental Committee on Transport, Public Works and Housing, the Hon. David Pkosing; the Majority Party Whip, the Hon. Benjamin Washiali; the Minority Party Whip, the Hon. Junet Mohamed, amongst others, who advanced varying positions on the matter. The Minority Party Whip expressed concern that formulation and implementation of public policy is a function of the Executive arm of the Government and the House has no role, nor does it participate in the formulation and implementation of Government policy. In his view, the involvement of the House at this stage would amount to pre-emption, interference and abuse of the doctrine of separation of powers. A section of the House supported the need for the House"
}