Senate seeks to overturn President Kenyatta's proposed changes to Public Audit Bill

The Senate in session. A Senate committee has dismissed claims that the House had stalled the quest by county assemblies for financial autonomy. FILE PHOTO | NATION MEDIA GROUP

Intense lobbying is under way to overturn President Uhuru Kenyatta’s changes to a Bill about to be tabled in the Senate that seeks to limit the powers of the Auditor-General.

Whereas the National Assembly lacked the numbers to overturn the President’s proposals in the Public Audit Bill, the Senate might look at the adjustments without necessarily being swayed by party interests.

The Senate Finance Committee said they are waiting for the President’s memorandum to be sent to the Senate, given that the constitution provides that both Houses must review it.

The lawmakers criticised President Kenyatta for taking advantage of majority support in the National Assembly to act illegally, by introducing new provisions in the Bill.

The committee chairman, Mr Billow Kerrow (Mandera, URP), said that was improper for the President to return the Bill to Parliament with a fresh set of rules that were not part of the original Bill presented to him for assent.

“The executive is trying to subvert the constitutional mandate of Parliament in legislation. The mandate of making legislations is not for the Executive,” said Mr Kerrow.

NEW CLAUSE

In a memorandum to Parliament explaining reasons for his rejection to give assent to the Bill, Mr Kenyatta recommended the insertion of a new clause that states that the Auditor-General shall not question the merits of government policy objectives.

The Auditor-General has also lost the power to negotiate budget for his office directly with Parliament without a review by the National Treasury, a move that was seen as a breakthrough in promoting the independence of the Kenya National Audit Office.

But, President Kenyatta said all government estimates of revenue and expenditure should be reviewed by the Cabinet secretary responsible for Finance to ensure that national government budget submitted to Parliament is balanced in line with provisions of the Public Finance Management Act, 2012.

He also rejected additional powers Parliament offered to the Auditor-General, including the right to hire and fire an independent budget and the power to question the merits of government policy.

The President differed with a clause that gave the Auditor-General the power to hire, promote and fire staff without consulting the Public Service Commission (PSC).

The Bill, which had to be subjected to a mediation committee after both Houses failed to agree on its contents, is one of the constitutional Bills that had a May 27 deadline and the legislators had to fast-track its passage.

WEAKEN THE OFFICE

Senators said the President’s proposal to make the Auditor-General’s office to recruit through the PSC, would weaken the office that is critical in the war against corruption.

He said the Auditor-General must be given a free hand to choose qualified staff who can enhance service delivery, and have his budget approved by Parliament without interference from the Cabinet secretary.

The Senators also agreed that the budget estimates for the office of the Auditor-General shall be submitted to Treasury and the Cabinet secretary can only make comments that are not binding before he forwards the estimates to Parliament.

This, Mr Mutula Kilonzo Jr (Makueni, Wiper) said, is meant to enhance the independence of the office of the Auditor-General.

The original version of the Bill before both Houses amended it gave a Cabinet secretary powers to effect changes on their budget and this is the position the President seemed to be advocating for.

“The Treasury Cabinet Secretary had been given a blank cheque to change the report from the Auditor-General yet such powers can affect their objectivity when carrying out the audit functions,” Mr Kilonzo.