Senate blames auditor because it can’t tell how counties used money last year

Chairman of the Senate Committee on County Public Accounts and Investments Boni Khalwale at a past function in Nairobi. Hard-line stances by both sides of the mediation committee set up to find a compromise on the Division of Revenue Bill have prevented progress on the matter. PHOTO | FILE |

What you need to know:

  • Ouko says he lacks the resources to submit audit reports on time
  • Senators say Mr Edward Ouko breached the Constitution by failing to submit the reports for the 2013/14 financial year within the time established.

The Auditor-General is on the spot for failing to present audit reports of all the 47 counties to the Senate as required by law by end of December and now risks being taken to court.

Senators say Mr Edward Ouko breached the Constitution by failing to submit the reports for the 2013/14 financial year within the time established.

The Constitution requires the auditor to table an audit report of each county government six months after the end of every financial year, but his office failed to do so before December 31.

Senators are worried that the failure could easily be challenged in court and further delay scrutiny of the reports by the House.

The Senate Committee on County Public Accounts and Investments raised the red flag, saying it had expected to review the reports when the House resumed this month but wasn’t able to because of the delay.

Committee Boni Khalwale told the House the committee had made inquiries to the auditor’s office but had not received a reply.

But he said Wednesday they were unsuccessful even though someone went physically to the office to obtain the documents.

“The Constitution is clear that the Auditor-General should present the reports six months into a financial year. The deadline was last December.  We have made inquiries and have even visited the office to get the reports, but we were not successful,” said the Kakamega senator said.

Last year, he said, the auditor managed to present all the audit reports on time, giving the lawmakers adequate time to raise summon governors and raise questions if necessary.

“We are really disturbed that the Constitution is being breached by the auditor who has really been very efficient in the past. We do not know what is happening there,” he said.

Responding to the senators’ concerns, Mr Ouko said his office had been overwhelmed by the reality of the 47 counties and their administrations, and it had been impossible to meet the deadline with the present inadequate workforce. 

“It is practically impossible for me to meet the six-month deadline. With the inadequate resources we have I cannot respond fully to the constitutional mandate. The office should be given more resources so that it is capable of discharging its responsibilities as required,” Mr Ouko said.

There are only 1,048 officers who are required to audit all public institutions including parastatals, county governments and other public entities. Before the counties came into existence, the auditor general’s office had 985 staff members; just 63 were added after the 2013 General Election when the counties took effect.

“We have been asking for resources to help us respond to our expanded mandate. But we have not been given any. If we need accountability, we must not only talk about it, but we need to act by putting resources into it. We have to be more serious as Kenyans,” he added when he addressed journalists on Friday about the controversial Public Audit Bill.

WHAT WENT WRONG?

The auditor also agreed that he risked being sued for not meeting the six-month deadline but said it was not his intention to do so. 

In the Senate, the committee tasked Speaker Ekwe Ethuro with finding out what had gone wrong and informing the House.

Last year, the audit reports were the impetus for a tug-of-war between senators and governors. The latter were not willing to appear before the committee to respond to queries identified in the auditor’s documents.

In addition to submitting county reports, Article 229 of the Constitution also requires the auditor to present to either House audit reports of the national government, constitutional commissions, courts, the National Assembly, Senate and political parties funded by public funds.

The previous financial year ended on June 30, and Mr Ouko had until December 31 to process all the audit results and table them with either the National Assembly or the Senate. County reports are tabled in the Senate and the rest in the National Assembly.

Dr Khalwale’s committee, which was recently reconstituted after its term expired at the end of last session, was also expecting special audit reports it had requested but did not receive them.

Mr Ouko said the Public Audit Bill, which has already passed its Second Reading in the National Assembly, ought to empower his office instead of clipping its existing powers.

He said the proposed law would subject his authority to the Attorney-General’s office and the Public Service Commission.

“My scope of work has been protected by the Constitution and recommended international standards. But with this Bill, my independence is being subjected to the AG’s and Cabinet supervision. It is not right,” he said.