Bill proposes public process for crucial jobs

Justice minister Mutula Kilonzo has amended the Independent Offices (Appointment) Bill to include a clause that will see the recruitment of the Controller of Budget and Auditor General through a public process June 16, 2011. FILE

The Public Service Commission will be obligated to recruit the Controller of Budget and Auditor General through a public process if the President assents to the draft law that will guide their appointment.

Justice minister Mutula Kilonzo, on the advice of Parliament’s Constitution Implementation Oversight Committee, amended the Independent Offices (Appointment) Bill to include that clause. 

The minister also reduced the time that the committee will spend in its approval process by deleting the provision giving the committee 14 days to do its job.

The MPs, perhaps, learning from the boomerang of accusations against the choice of Keriako Tobiko, decided to ensure that the public is involved from the beginning, as per the constitutional value of public participation.

“No candidate shall come to this Parliament without the public knowing what they are and who they are, so that Parliament is not overpoliticised over issues that should have been sorted out elsewhere,” said Mr Jakoyo Midiwo (Gem, ODM).

Ms Martha Karua (Gichugu, Narc Kenya) also amended the law to ensure that the PSC’s select panel that will interview the nominees forwards  a report of interviews and any other proceedings in the selection process, scores of each candidate interviewed, and process followed in selecting the names of the people forwarded.

CIOC chairman Abdikadir Mohammed and Mr Abdul Bahari (Isiolo South, Kanu) said there was need to enhance transparency in the process.

There was also an amendment to stop the next-in-command in the offices from acting if the substantive office holder is incapable of performing his functions.

Mr Abdikadir said the current Controller and Auditor General office was too important to be left to a person in acting capacity.

The Institute of Certified Public Accountants was also included in the panel to be involved in the interviews. Office of the President;  Office of the Prime Minister; a representative from the Treasury, another from the State Law Office; and another from the public service will also be included in the vetting panel.

Transport minister Amos Kimunya said the move to include the accounting professionals in the panel will keep out those with professional baggage from taking up these crucial offices and will help in ensuring that the country spends its money as required.

The Bill is the last related to the Constitution that have so far made it to Parliament from the Commission for the Implementation of the Constitution, through Attorney General Amos Wako.

It joins the other Bills passed by Parliament and which are awaiting the President’s assent: the Salaries and Remuneration Commission Bill, the Independent Electoral and Boundaries Commission Bill, and the Supreme Court Bill.

Three other Bills:  the Political Parties Bill, Ombudsman Commission Bill, and the The Kenya National Human Rights Commission Bill, 2011 are awaiting Cabinet’s approval.

CIOC chairman said Parliament was now idle without any Bills and called on the Commission for the Implementation of the Constitution and the Attorney General to ensure they send the requisite Bills to Parliament.

There being no other business, MPs then voted to go on recess for a month.

Parliament resumes on July 19.