Former Chief Justice (CJ) and President of the Supreme Court Willy Mutunga has issued guidelines on the implementation of President Uhuru Kenyatta's lifestyle audit order.
In an Op-Ed published in The East African Review, Mutunga indicates that although rarely implemented, lifestyle audits are solidly anchored in our Constitution and will help in determining "who in the public service has eaten what, who continues to eat, who is likely to eat and what they like eating".
"The methodology of doing this is not rocket science. We start by deciding who will carry out the audits and the appointing authority," the ex-CJ offers guidance.
[caption caption="Ex-CJ Willy Mutunga with his successor CJ David Maraga"]
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According to Mutunga, this mandate can be carried out by among others; the office of the Auditor-General, Kenya Revenue Authority (KRA), the Office of the Deputy Public Prosecutor (ODPP), the Ethics and Anti-Corruption Commission (EACC), and the Controller of Budgets.
However, Mutunga indicates that given Kenyans rarely have confidence in the established institutions, both civil society and corporate sectors should also be represented to ensure public participation as well as foreign audit and IT firms.
"The appointing authorities should properly be the other two arms of government that are not involved at this stage: the Parliament and the Judiciary.
"The Speakers of Parliament and the Chief Justice could appoint a team within the constitutional value of participation of the people," Mutunga further elaborates.
The ex-CJ notes that the team should undergo nomination, thorough vettings from corporate, civil society, and international participants, get appointed and finally sworn-in by the Chief Justice.
"There will definitely be robust public debates about the declarations of the wealth of the President and the Deputy President and their respective veracity.
"The audit team will then conduct a forensic lifestyle audit and address the issue of the veracity and integrity of these declarations," the former President of the Supreme Court goes on.
Mutunga, however, notes that the litmus test of the exercise will be in the political will and commitment including in making the audit results public and allowing robust public participation.
[caption caption="President Uhuru Kenyatta with Mombasa Governor Hassan Joho and DP William Ruto when he issued the lifestyle audit orders"]
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"We must always ask the attendant question: Is there political will and commitment to implement the idea or is the idea yet another example of political distraction from what ails our nation?" he poses.
Once the audit is over, the relevant authorities should swing into action as legally mandated. For instance, if taxes have not been paid, KRA can demand them.
"If the process is successfully completed, a new culture of transparency and accountability will start to grow and will be nurtured. Kenya would be the pride of Africa," ex-CJ Mutunga concludes.
