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"speaker_name": "Sen. M. Kajwang'",
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"legal_name": "Moses Otieno Kajwang'",
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"content": "where the names are taken to the President before he brings them to Parliament. However, there is no exit out of that process. In the event Parliament rejects the nominees put forth by the President, that process can go on, over and over again indefinitely. A mischievous government, particularly the one that could have been caught in a deathtrap or in grand projects, some of which are difficult to justify, would be interested in making sure that the Office of the Auditor-General is frustrated. For the situation we have right now, things can only go well if we have angels in the Executive, Parliament, and the Kenya National Audit Office. However, since we have a devil in one of those three offices, we are in a very dangerous situation. I was glad to be joined today by the Chairman of Committee on Justice, Legal Affairs and Human Rights during the discussion with the officers of the Kenya National Audit Office. There is a serious problem and lacuna. This is the moment that bad people can take advantage to ensure that they run away from accountability. Therefore, we need to look at Section 12 that was struck out and find ways of dealing with this so that eight years from today, we will have a better way of managing succession planning. On implementation of our reports, Section 52 of the Public Audit Act is clear that three months upon adoption of our report, the relevant accounting officers shall furnish Parliament with a report on measures taken. That section is interesting. Failure to which, Parliament may impose any sanctions including reduction in rank or any other sanction that it might deem fit. We have power on implementation. We probably just do not have a dedicated committee that can follow up these issues. That is a candid conversation we can have now that we are slightly over two years into this Session since devolution began. We should find out how well we have fared as far as implementation is concerned. Is it still viable to ask committees that make recommendations to be the ones to follow up implementation? God forbid because this is not what happens in the Senate. Assuming that a committee was compromised to come up with wrong recommendations, how will the committee follow the implementation of the wrong recommendations? That is why sometimes there could be a case for saying that the person who recommends should not be the person who implements. That is the wisdom for having a separate implementation committee but I believe the leadership of the House will guide us on that. Finally, I hope that the National Assembly will move fast to ensure that the Auditor-General is in office. I hope it will not go beyond 52 days cycle because I am told that interviews are ongoing. The information is in the public domain that I have proposed in the past that the process of appointment and vetting of the Auditor-General should not be the exclusive preserve of the National Assembly. Unfortunately, that is how it is worded in the Constitution. So, it can only be through magnanimity that the National Assembly would agree that we have a joint committee. If sense prevails, the National Assembly should see that the Auditor-General is critical to the operations of counties that the vetting of the Auditor-General and the Controller of Budget (CoB) should be done by a joint committee. Right now, the Constitution gives them that duty. We hope they will make a good decision and once the The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}