27 Nov 2019 in National Assembly:
The National Assembly through a Communication from the Chair dated 5th November 2019 referred the PIC on the matter for determination on whether the House can resolve to extend the limit for submission and publishing of financial statements by the CBK to Parliament, and mandated the Committee to submit its report by 20th November 2019; which we graciously did. As you are all aware, there exists a vacancy in the Office of the Auditor-General. Therefore, the reports of this Bank and other entities have not been signed until a substantive Auditor- General is nominated by the President. The nomination will ...
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27 Nov 2019 in National Assembly:
Section 54 of the CBK Act, Cap 491 requires the Bank to submit to the CS, National Treasury a report of the Bank’s operations together with the financial statements that have been certified by the Bank’s auditor within three months after the close of each financial year. It is with this in mind that you received a letter from the CS for the National Treasury requesting that this House resolves to extend. However, a point to note is that the letter that the CBK wrote to the National Treasury was dated 30th September 2019, which was literally the deadline for ...
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27 Nov 2019 in National Assembly:
I need to bring to the attention of the House that, in our investigations, there are certain entities that have mandated timelines where they need to have their audited reports presented. One is the CBK, the Capital Markets Authority (CMA), Ethics and Anti-Corruption Commission (EACC), Kenya Power, KenGen and East Africa Portland Cement. KenGen, East Africa Portland Cement and Kenya Power have to do so because of the fact that they are in the Nairobi Stock Exchange. The CMA together with the EACC have a legal basis where there is a timeline. I am not aware neither was it in ...
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27 Nov 2019 in National Assembly:
Section 12 of the Act contemplated the transition period from when the substantive Auditor-General vacates office up to the period when the substantive office holder is appointed. This will allow for continuity of work. However, the High Court, through Petition No.388 of 2016, Transparency International Vs the Attorney-General and two others, expunged Section 12 of the Public Auditor Act together with other sections of the Act for being in contravention with the Constitution.
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27 Nov 2019 in National Assembly:
The Constitution is clear that the Auditor-General shall be nominated by the President and that nomination has to be approved by Parliament. Thereafter, Parliament sends that approved name to the President who thereafter appoints. In the argument, the High Court ruled that we cannot have a person who is acting. The Constitution is clear on how an Auditor-General is supposed to be picked. From the foregoing, there is a lacuna in law. That lacuna has failed…
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27 Nov 2019 in National Assembly:
Thank you, Hon. Speaker, for that guidance. Yes, Parliament describes both the Senate and the National Assembly. Equally, next week, we will be tabling another report on the Kenya Ferry Services (KFS) disaster. In that report, I hope you will allow me when I am presenting our case that the Constitution is very clear that the National Assembly is the one that is meant to oversee State organs, including the KFS. The role of the Senate is equally very well framed in the Constitution. Thank you for guiding this House on that matter.
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27 Nov 2019 in National Assembly:
There is a lacuna in law. That lacuna has failed to guide the transition process of the Auditor-General without a substantive successor or an elaborate process of recruiting the next Auditor-General three months before the expiry of the term of the serving Auditor-General, which is bound to hold back crucial reports that are required to be tabled in Parliament as the reports cannot be forwarded to Parliament owing to the fact that the law requires them to be signed by the Auditor-General. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report ...
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27 Nov 2019 in National Assembly:
At this point, it is equally important that the next Auditor-General was going to be picked. I am assuming, considering that this House is going on recess unless of course you rule otherwise. If this process is not going to be finalised by next week, we are going to have a serious dilemma because this country is not going to have any audit reports at all. The next person in line, if that person is not going to be someone who has served in the Office of the Auditor-General, will merely be appending signatures without going through all those audit ...
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27 Nov 2019 in National Assembly:
In conclusion, in the absence of a substantive office holder, the annual reports cannot be signed. There is already a huge backlog. We already have six legal and constitutional deadlines that have been signed over and above the ones that have to be signed from county levels to every other level of Government accountability. Now, it is up to this House to extend the time for submissions of the Report as contemplated in Section 50 of the Public Finance Management Act Cap 42(1)(c). Hon. Speaker, with your guidance, the Public audit Act No.34 of 2015 will be committed to the ...
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27 Nov 2019 in National Assembly:
On a point of information, Hon. Speaker.
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