Auditor General Edward Auko from recruiting anyone for that post pending the hearing and determination of a suit challenging their decision.
BY SAM ALFAN.
The high court has warned against constitution of the Audit board saying that it will undermine power.
Justice Edward Mureithi stopped the Attorney General and the Auditor General from recruiting anyone for that post pending the hearing and determination of a suit challenging their decision.
A petition challenging the move has been filed by Transparency International (TI- Kenya).
Justice Mureithi, said that TI Kenya had raised a constitutional issue over the intended formation of Audit Advisory Board, and as such the constitution of it must await the completion of the case.
According to Transparency International, the formation of the board if allowed will undermine the constitutional, Independence and powers bestowed upon the office of Auditor General.
Lawyer Apollo Mboya for TI told the court that the institutional Independence and constitutional power of the Auditor General is compromised and undermined particularly by attempting to subject the control of its personnel to the Parliamentary Service Commission.
Neither the AG nor the Auditor General can appoint a member to the board.
The court must be allowed to make a constitutional interpretation to Act establishing Public Audit Act, Mboya said.
He said that the AG has already requested the Auditor General to comply with the unconstitutional provisions of the Public Audit Act to Gazette nominees to the Audit Advisory Board, saying unless the court makes a finding over the existence of the Public Audit Act, the AG will have acted unconstitutionally.
“There is serious contravention of the constitution by the office of the AG which must be cured by the court” the lawyer says.
The court directed the application be served upon the AG and Auditor General.
Proceedings resume September 26 for inter parte hearing.