• Details have since emerged of political machinations ‘to get the right candidate’ for the job.
• Ouko’s post was declared vacant on August 27, meaning there is already a time-lapse in his replacement considering the Public Audit Act’s requirements.
President Uhuru Kenyatta may have rejected the three nominees for the post of Auditor General, in effect delaying the appointment of Edward Ouko's successor.
The Public Service Commission selection panel that steered the recruitment says it presented its results on the week ending November 22.
The Public Audit Act, 2015, stipulates that the President should choose a nominee within seven days of presentation of the list of three candidates.
From November 22 – the date the panel presented its report – the President was expected to forward the name to the National Assembly by December 3.
MPs went into recess on December 5 and are not expected back until February 11, 2020, unless summoned by Speaker Justin Muturi for a special sitting.
But even as Uhuru keeps MPs waiting for his choice, there are reports of machinations "to get the right candidate" for the job.
The Auditor-General audits national and county governments. Many a time he piles pressure on the government to spend public cash prudently and exposes financial indiscipline that can embarrass a government.
Sources privy to the selection indicate that powerful State House officials have reservations with the three candidates presented by the PSC.
“The feeling is that the appointee must be someone who would not expose the government to the embarrassment that audits have caused to this country,” a source who did not want his identity made public told the Star.
The source, who cannot be named for fear of reprisal, said there was a high likelihood the PSC will interview the shortlisted candidates afresh.
The source disclosed that the panel’s list had candidates from Nyanza, Eastern, and North Eastern.
“The government is keen on averting a situation that will expose its back on matters accountability,” the official explained.
The law requires that part of the President's report to Parliament must contain details of the candidate's performance in the interview.
This means the choice nominee must have had exemplary performance.
Nine staffers at the Auditor General’s office made it to the shortlist of 17.
They are deputy auditors-general David Gichana, Alex Rugera, Silvester Kiini, William Agunda, Edwin Kamar and directors Elizabeth Nguringa, Meshack Onyango, Nancy Gathungu, and Dennis Theuri.
They contested alongside Abdullahi Idris, David Muchoki, Kitonyo Peter, Leonard Rang’ala, Francis Kigo, Moses Edwin, Tulula Joseph, and Calistus Wekesa.
The Act says the selection panel shall hold its proceedings in public and submit to Parliament a report of the interview proceedings.
The report should include the scores of each candidate interviewed by individual members of the panel together with the criteria used in selecting the names forwarded.
The selection panel’s chairman, Sammy Onyango, confirmed to the Star that they forwarded the details of the nominees in the week ending November 22.
PSC chairman Stephen Kirogo, when asked about the purported rejection of the nominees, said: “The best (thing) is to wait for the appointing authority as the matter now rests there.”
The Auditor-General post was declared vacant on August 27, meaning there is a time-lapse in his replacement considering the Public Audit Act’s requirements.
State House was silent on the looming crisis following the delay. Calls and SMS to spokesperson Kanze Dena on the matter went unanswered.
Public Service Cabinet Secretary Margaret Kobia said that State House was best placed to give a position.
She, however, indicated that because of the sensitivity of the post, there are normally standard background checks that can take a long while.
“The suitability checks are normally lengthy and involve many state agencies. It is after this that Parliament is communicated to,” Kobia said.
With the National Assembly’s long recess ending on February 10, next year, the earliest an auditor may be appointed is March, unless a special sitting is convened.
Already, Central Bank of Kenya is in a crisis as its audited accounts cannot be signed, a situation that may affect IMF standby loan regulations.
Electricity generator KenGen has on its part issued a notice to stakeholders that it will not pay dividends for financial year 2018/19 because as a parastatal the Auditor General must audit its books.
The CBK failed to publish its audited account by September 30 as required by the law because of the same reason.
Parliament extended the deadline to December 31, time which is likely to find the country without a duly appointed auditor.
The EACC, Kenya Power, Capital Markets Authority, and East African Portland Cement are faced with similar challenges.
The National Assembly is required to consider the nomination and approve or reject the candidate within three days after receiving Uhuru's nominee.
If a nominee is rejected, the President is expected to forward another name from the three presented to him by PSC.
An attempt by the Public Investments Committee (PIC) to get an explanation from the panel on the delay hit a dead-end on Thursday.
PIC vice-chairman Ahmed Abdisalan (MP Wajir North) told the Star that the selection team asked for more time before it could respond to the queries.
The committee chair Abdulswamad Nassir (Mvita MP) warned that the country would have no audit reviews if the process is not finalised.
“The next person in line, if that person is not going to be one who has served in the Office of the Auditor-General, will merely be appending signatures without going through all those audit reports,” the MP said.
The sentiments were shared by his Public Accounts Committee counterpart Opiyo Wandayi (Ugunja), saying the process should have begun early.
Before exiting in August, Ouko cried foul that he was leaving the office without handing over to a successor.
He warned of a crisis that has now become a reality at the Office of Auditor General as core operations have grounded to halt.
Deputy Auditors General Edwin Kamar and Joyce Mbaabu revealed that the OAG is unable to initiate any procurement processes and neither can audits be sanctioned.
This is because the professional opinions on the same can only be signed by the Auditor General – the accounting officer.
OAG had to return nine vehicles hired for regional offices to lessors after their leases expired on September 30. Others were handed back on October 31.
At the same time, the available officers have no power to authorise expenses above Sh100 million.
This raises fears of delayed payment of contractors executing various construction works for the agency.
Parliament, in the rush to complete business ahead of the recess, only approved the appointment of Margaret Nyakang’o as Controller of Budget - a post which fell vacant on the same date as auditor general's.