GITHU AND OUKO WARNED AGAINST UNDERMINING THE CONSTITUTIONAL POWERS.

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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.

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