President’s office 'frustrating' efforts to hire Auditor-General

Members of Parliament have accused the Office of the President of frustrating the recruitment of the next Auditor-General.

The Public Accounts Committee, Public Investment Committee and Special Funds Accounts committees, which are the top consumers of the Auditor-General’s reports owing to their oversight role, are frustrated by the delay.

“You cannot tell us that all the 17 shortlisted candidates failed in the interview. One person is putting this country into a roundabout with no exit,” said Mandera East MP Omar Mohamed.

He spoke during a joint meeting of the committees with Head of Public Service Joseph Kinyua.

Mavoko MP Patrick Makau asked, “Are you looking for someone who would take care of your interests beyond 2022?”

Kisumu East lawmaker Shakeel Shabir claimed the delay has been worsened by the “deep state”, which wants total control over the appointment.

TRANSPARENCY

The MPs have demanded that the selection panel chaired by Sammy Onyango make public the results and reasons why 17 applicants for the job previously held by Mr Edward Ouko were rejected.

“As it is now, it is only you and the selection panel who know what happened. You need to make public the criteria set by the selection panel and give reasons the candidates failed,” said PIC chairman Abdulswamad Nassir.

The lawmakers told Mr Kinyua that even if the selection failed to get a suitable candidate among the top three, it could have settled for the second best among the remaining candidates in order to fill the vacancy.

“We are in a serious constitutional crisis. We are dealing with a serious matter that goes beyond the Office of the Auditor-General as we might also find ourselves in the same situation with the Chief Justice and chairman of IEBC (Independent Electoral and Boundaries Commission),” said Rarieda MP Otiende Amolo.

AUDIT REPORTS

The MPs expressed concern that audited reports from various ministries and state corporations continue to pile up at the OAG as there is no one to sign them and can therefore not be forwarded to Parliament.

Although there are seven deputies, Article 229 of the Constitution provides that some functions can only be performed by a substantive office holder.

The botched recruitment process could also paralyse the Kenya National Audit Office (KNAO) as the law provides that for it to make any purchase worth more than Sh100 million, the signature of the Auditor-General is required.

While acknowledging the urgency of the matter, Mr Kinyua told the MPs that the court case filed by activist Okiya Omtatah had complicated the matter.

He absolved the Executive from the delay, saying the matter is now under the control of the Judiciary and urged the court to conclude the case so that the panel can continue with the selection.

AMENDMENTS

Mr Kinyua urged the MPs to consider amending the PFM Act to allow for recruitment of a new Auditor-General three to six months before the term of office holder expires.

He also asked that the Constitution be amended so as to allow the second most senior officer within KNAO to serve as the Auditor-General for a specified period of time.

Mr Kinyua also urged the lawmakers to consider introducing changes to the laws so that where conservatory orders are issued by the courts and a recruitment exercise is halted, the case must be heard, determined and a judgment rendered within 15 days or less.

Otherwise, the interim orders should automatically lapse and cannot be reinstated unless with the consent of all parties in the case.

This, Mr Kinyua said, would ensure that critical public positions such as that of the Auditor-General are not kept vacant while the wheels of justice drag on.