Opposition to fight new audit law

Opposition MPs have vowed to challenge in court the Public Audit Bill passed by the National Assembly on Tuesday evening, saying the President’s recommendations were unconstitutional.

An attempt by the MPs to have the recommendations rejected failed as they could not muster the required 234 presence.

The MPs walked out when they failed to convince Temporary Speaker Moses Cheboi to stop the Bill.

The Finance, Trade and Planning Committee also opposed some of the recommendations because, said chairman Benjamin Lang’at (Ainamoi, URP), they were improper.

Last week, MPs from both sides rallied against the President’s recommendations on a Bill that grants former Prime Minister Raila Odinga and former Vice-President Kalonzo Musyoka pensions but they could not raise the numbers to shoot them down.

Makali Mulu (Kitui Central, Wiper) kicked off the bid to stop the debate when he said there ought to be at least 234 MPs in the chamber — two-thirds of the members.

President Uhuru Kenyatta’s recommendations on the Bill require the Auditor-General to consult the Public Service Commission before employing new officers and to have the office’s budget perused by the Treasury before submission to Parliament and not question the government’s policy objectives.

But MPs argued that the Auditor-General’s office is independent and should be allowed to employ as many officers as it needs.

WITH 'BRAVADO'

Deputy Minority Leader Jakoyo Midiwo said if the President assents to the Bill, it would be challenged as soon as it becomes an Act.

“Sometimes we are here, we make mistakes but we do so with such bravado that (it) beats logic,” said Mr Midiwo.

He reminded his colleagues of a time in the last Parliament when President Kibaki tried to amend the County Government Act but was blocked by the House. “The President cannot make the law. He cannot bring the law here,” he added.

He said Jubilee MPs who supported the President were misleading the nation at taxpayers’ expense.

“It’s interesting that all the lawyers in Jubilee can think the same … This is one we’ll take to court and I can predict to you the result,” said Mr Midiwo.

Tongaren MP Eseli Simiyu said the President was overstepping his mandate by making laws. “If what is happening now is allowed to continue, we’re slowly slipping into authoritarianism,” he said.

ODM nominated MP Oburu Oginga said the President’s power to veto laws had given Jubilee MPs plenty of comfort.

“I have been here for 20 years and I have never seen where the President is giving recommendations. He only used to express reservations,” said Dr Oginga.

Homa Bay Town MP Peter Kaluma said the veto powers had been used to violate the doctrine of separation of powers between the Legislature and the Executive.

“We are as a nation walking in the direction of dictatorship guided by a Parliament in which the government has the majority. As a coalition, we must resolve to go to the High Court or even the Supreme Court to nullify this and other laws passed through this method,” said Mr Kaluma.