Auditor General Nancy Gathungu Set to Enjoy 8 More Powers in New Proposal

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Auditor General Nancy Gathungu Set to Enjoy 8 More Powers in New Proposal

If the Public Audit (Amendment) Bill 2024 is successfully passed, Auditor General Nancy Gathungu might be granted increased authority.

The legislation put forward by Kimani Ichung’wah, the Kikuyu MP and Majority Leader in the National Assembly, aims to empower the Auditor General to reorganize the internal setup of their office and make adjustments to the staff, to enhance their ability to fulfill their responsibilities more effectively.

Ichung’wah’s proposed legislation aims to empower the Auditor General with the authority to create and eliminate positions within the constitutional office. This includes the ability to appoint individuals to key roles or have them fulfill various responsibilities within the office.

Ichung’wah asserts that the legislation is crucial for enhancing effectiveness in the performance of the Auditor General’s responsibilities.

“The National Assembly has expressed concern over the provision relating to the recruitment of the Auditor General, where it was observed that the Act creates an undesirable vacuum between an existing holder of the office and an incoming one,” the Leader of Majority stated.

The Attorney General (AG) will possess additional authority, such as overseeing disciplinary measures for staff, cultivating the workforce within the organization, and collaboratively establishing, in consultation with the Salaries and Remuneration Commission (SRC), the compensation and perks for every employee.

Moreover, the Attorney General will be responsible for creating and upholding a set of ethical guidelines prescribed by the International Organisation of Supreme Audit Institutions. This aligns with the Code of Conduct outlined in the Public Officer Ethics Act of 2003.

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“The Auditor General may recruit such staff as may be necessary for the proper discharge of his or her functions under the Constitution, this Act, or any other written law,” reads part of the bill.

If put into effect, the Auditor General will act as the Chairperson of the Audit Advisory Board. Additionally, the Auditor General has the authority to designate additional members to the board as required.

In addition to outlining the new powers and responsibilities of the Auditor General, the Bill specifies the circumstances that would lead to a vacancy in the position and delineates the procedure for its subsequent appointment, aiming to ensure clarity in these aspects.

The role will become open under several conditions: when the current holder’s term concludes, in the event of the Auditor General’s death, if the occupant submits a resignation letter to the President, or if the AG is dismissed based on the circumstances specified in Article 251 of the Constitution.

According to recent legislation, when the term is about to end, the Auditor General is required to inform the appointing authority in writing about the upcoming vacancy three months before the expiration of the term.

Auditor General Nancy Gathungu Set to Enjoy 8 More Powers in New Proposal

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