Constitution

Kenyan Constitution, Chapter Twelve, Part 7, Article 228 to 231

BY Juma · December 5, 2016 08:12 am

Public Finance

Part 7: Financial Officers and Institutions

Article 228: Controller of Budget

(1) There shall be a Controller of Budget who shall be nominated by the President and, with the approval of the National Assembly, appointed by the President.

(2) To be qualified to be the Controller, a person shall have extensive knowledge of public finance or at least ten years’ experience in auditing public finance management.

(3) The Controller shall, subject to Article 251, hold office for a term of eight years and shall not be eligible for re-appointment.

(4) The Controller of Budget shall oversee the implementation of the budgets of the national and county governments by authorising withdrawals from public funds under Articles 204, 206 and 207.

(5) The Controller shall not approve any withdrawal from a public fund unless satisfied that the withdrawal is authorised by law.

(6) Every four months, the Controller shall submit to each House of Parliament a report on the implementation of the budgets of the national and county governments.

Article 229: Auditor General

(1) There shall be an Auditor-General who shall be nominated by the President and, with the approval of the National Assembly, appointed by the President.
(2) To be qualified to be the Auditor-General, a person shall have extensive knowledge of public finance or at least ten years experience in auditing or public finance management.
(3) The Auditor-General holds office, subject to Article 251, for a term of eight years and shall not be eligible for re-appointment.
(4) Within six months after the end of each financial year, the Auditor-General shall audit and report, in respect of that financial year, on–

(a) the accounts of the national and county governments;
(b) the accounts of all funds and authorities of the national and county governments;
(c) the accounts of all courts;
(d) the accounts of every commission and independent office established by this Constitution;
(e) the accounts of the National Assembly, the Senate and the county assemblies;
(f) the accounts of political parties funded from public funds;
(g) the public debt; and
(h) the accounts of any other entity that legislation requires the Auditor-General to audit.

(5) The Auditor-General may audit and report on the accounts of any entity that is funded from public funds.
(6) An audit report shall confirm whether or not public money has been applied lawfully and in an effective way.
(7) Audit reports shall be submitted to Parliament or the relevant county assembly.
(8) Within three months after receiving an audit report, Parliament or the county assembly shall debate and consider the report and take appropriate action.

Article 230: Salaries and Remuneration Commission

(1) There is established the Salaries and Remuneration Commission.
(2) The Salaries and Remuneration Commission consists of the following persons appointed by the President–

(a) a chairperson;
(b) one person each nominated by the following bodies from among persons who are not members or employees of those bodies–

(i) the Parliamentary Service Commission;
(ii) the Public Service Commission;
(iii) the Judicial Service Commission;
(iv) the Teachers Service Commission;
(v) the National Police Service Commission;
(vi) the Defence Council; and
(vii) the Senate, on behalf of the county governments;

(i) an umbrella body representing trade unions;
(ii) an umbrella body representing employers; and
(iii) a joint forum of professional bodies as provided by legislation;

(d) one person each nominated by–

(i) the Cabinet Secretary responsible for finance; and
(ii) the Attorney-General; and

(e) one person who has experience in the management of human resources in the public service, nominated by the Cabinet Secretary responsible for public service.

(3) The Commissioners under clause (1) (d) and (e) shall have no vote.
(4) The powers and functions of the Salaries and Remuneration Commission shall be to —

(a) set and regularly review the remuneration and benefits of all State officers; and
(b) advise the national and county governments on the remuneration and benefits of all other public officers.

(5) In performing its functions, the Commission shall take the following principles into account–

(a) the need to ensure that the total public compensation bill is fiscally sustainable;
(b) the need to ensure that the public services are able to attract and retain the skills required to execute their functions;
(c) the need to recognise productivity and performance; and
(d) transparency and fairness.

Article 231: Central Bank of Kenya

(1) There is established the Central Bank of Kenya.

(2) The Central Bank of Kenya shall be responsible for formulating monetary policy, promoting price stability, issuing currency and performing other functions conferred on it by an Act of Parliament.

(3) The Central Bank of Kenya shall not be under the direction or control of any person or authority in the exercise of its powers or in the performance of its functions.

(4) Notes and coins issued by the Central Bank of Kenya may bear images that depict or symbolise Kenya or an aspect of Kenya but shall not bear the portrait of any individual.

(5) An Act of Parliament shall provide for the composition, powers, functions and operations of the Central Bank of Kenya.

About Juma

Juma is an enthusiastic journalist who believes that journalism has power to change the world either negatively or positively depending on how one uses it. (020) 528 0222 or Email: info@sokodirectory.com

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