•Parliament's Finance and National Planning committee approve Nyakang’o after vetting
•But according to Omtatah, she does not have extensive knowledge in public finance
Image: COURTESY
Activist Okiya Omtatah on Friday moved to court seeking to quash the appointment of Margaret Nyakang’o as the Controller of Budget.
The activist is also seeking a temporary order prohibiting Nyakang’o from accessing the office and executing the mandate of the Controller of Budget.
Nyakang'o was sworn in on Wednesday sworn in by Chief Justice David Maraga at the Supreme Court in Nairobi. She replaced Agnes Odhiambo whose eight-year term ended on August 27.
“Nyakang’o does not meet the mandatory minimum constitutional qualifications in the Constitution for appointment to the position of Controller of Budget,” Omtatah says in his petition.
Parliament's Finance and National Planning committee tabled a report on Tuesday saying Nyakang’o was found suitable for the job after vetting.
But according to Omtatah, “She does not have extensive knowledge in public finance, acquired through extensive training in public finance and practical experience in public finance management.”
The activist says Nyakang’o does not have at least 10 years’ experience in the auditing public finance management acquired through continuous work.
This includes possessing the minimum professional qualifications set out under the National Audit Act.
“The fact that she has worked for 10 years at the Kenya Bureau of Statistics as Director Finance and Administration from November 2008 to October 2018 does not mark at least 10 years’ experience in auditing public finance management,” the application reads.
Omtatah says Nyakang’o's training in accounts and finance management is not the same as training in public finance and adds that such a person would only be employed in accounts department of any ministry or department of government.
In the same application,the National Assembly has also been sued for not addressing the composition of the committee and the capacity of its membership to recruit the Controller of Budget.
CJ Maraga has also been faulted for rushing to swear in Nyakang'o into office.
“The petitioner [Omtatah] reasonably suspects that the impugned actions of the chief Justice constitute corrupt conduct on his part in violation of the Constitution as they were influenced by nepotism, favoritism, other improper motives or corrupt practices,” the court files read.
The activist says the process used for Nyakang’o's recruitment and appointment is a travesty in law, her appointment is null and void and legally incurable in its entirety.