Auditor General Nancy Gathungu could enjoy more powers if the Public Audit (Amendment) Bill 2024 sails through.
The Bill proposed by Kikuyu MP and National Assembly Majority Leader Kimani Ichung'wah seeks to grant the Auditor General the power to shake up the organisational structure at their office and tinker with staff to enable them to deliver on their mandate more seamlessly.
Ichung'wah's bill also seeks to grant the Auditor General the power to establish and abolish new positions within the constitutional office including appointing persons to substantive positions or having them act in different capacities.
According to Ichung'wah, the bill is necessary to improve efficiency as the Auditor General discharges her duties.
"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.
Other powers the AG shall have include exercising disciplinary control over staff, developing human resources of the house and also determining in consultation with the Salaries and Remuneration Commission (SRC), the salary and benefits of each employee.
Additionally, the AG will also develop and maintain a code of ethics issued by the International Organisation of Supreme Audit Institutions and in accordance with the Code of Conduct as per the Public Officer Ethics Act 2003.
"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 implemented, the Auditor General shall serve as the Chairperson of the Audit Advisory Board. The Auditor General may also appoint more members to the board when necessary.
Besides the new powers and roles the Auditor General will have, the Bill provides the conditions under which the position shall fall vacant and the process of filling it, for clarity.
The position will be declared vacant if the term of its holder expires, the Auditor General passes away, the occupant writes to the President expressing their intention to resign and if the AG is removed from office under circumstances outlined in Article 251 of the Constitution.
Under the new bill, if the term is due to expire, the Auditor General shall notify the appointing authority in writing of the looming vacancy, three months to the expiry of the term.
