APRM • SECOND COUNTRY REVIEW REPORT OF THE REPUBLIC OF KENYA
Procedures and Legislative Initiatives to Ensure Effectiveness of Policy Making Bodies
318.
The CSAR highlights some milestones in strengthening the effectiveness of various
oversight bodies. It explains that the oversight roles of the Controller of Budget and Auditor
General and their reporting responsibilities, and the National and County Assemblies over
public finances at the national and county government are now explicitly provided for in
the Constitution of Kenya 2010 and the PFM Act 2012. The oversight functions of these
bodies cover ensuring adherence to principles of public finance and fiscal responsibility;
approval of the establishment of public funds; reviewing the BPS (national) and County
Fiscal Strategy (county) and approving budget estimates. The parliament (as a joint entity
of both the National and County Assemblies) is also empowered by the Constitution
of Kenya and the PFM Act 2012 to exercise various oversight responsibilities, including
regarding the terms on which the national and county governments can borrow and issue
guarantees for County Governments. In this regard, the PFM Act 2012 provides for creation
of a Parliamentary Budget Office, which should provide professional services in respect of
budget finance and economic information to the committees of parliament.
319.
Through the Public Accounts Committee (PAC) and the Public Investments Committee
(PIC), parliament ensures that the executive is accountable in the use of public finances.
These oversight committees release reports regularly as to the use of public resources and
performance of government institutions and investments. However, the major challenge that
these committees continue to encounter include delayed submission of audited accounts
and poor implementation of their recommendations. This undermines the effectiveness of
the committees in preventing possible embezzlement.
320.
The government has undertaken audit reforms that have culminated in the formation of the
Kenya National Audit Office (KNAO), after the C & AG and the Auditor General Corporations
were merged. This has resulted in a stronger and independent audit body. Among the key
functions of the office is the promotion of economy, efficiency and effectiveness (value for
money auditing), which has strengthened financial accountability and reduced fiduciary
risk. For many years, there have been delays in reporting to parliamentary oversight bodies.
The backlog is now being addressed through the strengthening of KNAO.
321.
The internal control and auditing in Kenya is the responsibility of the Internal Auditor
General’s (IAG) Office. This office is responsible for monitoring the compliance of ministries
and their departments with the various financial regulations, instructions and accounting
procedures. There are also internal auditors stationed in each ministry and who ensure that
Accounting Officers carry out all the ministry’s financial activities in full compliance with
the government’s financial regulations and extend rules.
322.
The Internal Audit Department (IAD) in the National Treasury has undergone major
strengthening and its mandate has been expanded. It has adopted a risk-based audit
approach and spearheaded the development of the Institutional Risk Management Policy
Framework (IRMPF) in the public sector. The adoption of IRMPF is envisioned to enhance
risk identification and management by MDAs and provides a policy framework for risk-
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