NATIONAL ASSEMBLY OF KENYA PUBLIC ACCOUNTS COMMITTEE (PAC) 2013 ACCOUNTABILITY CONFERENCE RESOLUTIONS IMPLEMENTATION STATUS OF RESOLUTIONS

Resolution1 SADCOPAC and EAAPAC to encourage PAC to put more emphasis on public procurement processes when exercising their oversight function

Implementation Status SADCOPAC and EAAPAC through their development partners – World Bank Institute and GIZ organized training on procurement for PACs of Kenya, Uganda and Tanzania from 4 th to 6 th November, 2013 in Nairobi Kenya. PAC Kenya has put more emphasis on public procurement processes. The Committee has established a strong working relationship with the Public Procurement Oversight Authority (PPOA) which trains Members on need basis.

Continuation... PAC Kenya investigated procurement process for the hire of an aircraft for the Deputy President for a tour of four African Nations in May, 2013 and its report is before the House awaiting debate PAC is investigating other high profile matters arising from procurement processes by the Judiciary and the Independent Electoral and Boundaries Commission (IEBC)

Resolution 2 PAC should engage Sector Committees of the House to jointly develop a structured formal working relationships amongst them geared towards ensuring that PAC/Parliamentary Resolutions are being implemented by the Executive

Implementation Status The formal relationship is anchored in the standing orders which provide for the creation of an implementation Committee whose mandate is to follow up on implementation of Parliamentary resolutions by the Executive

Outstanding Matters Need for PAC to engage the Implementation Committee more often to discuss implementation status of recommendations

Resolution 3 SADCOPAC and EAAPAC should urge PACs to continue supporting independence of Supreme Audit Institutions (SAIs) as prescribed in the Lima and Mexico declaration on SAIs which are now recognized as part of the UN resolutions

Implementation Status The constitution of Kenya provides for the Auditor General’s operational independence. Ag enjoys security of tenure (8) years non renewable. AG can only be removed from Office on recommendations of a tribunal appointed by the President to investigate him/her.

Outstanding Matters Financial independence of the Auditor General still not guaranteed

Resolution 4 PAC should continue supporting the strengthening of internal audit functions and enact legislation that grants independence to strengthen the function of internal control

Implementation Status PAC in collaboration with the Departmental Committee on Finance currently in the process of amending the Public Audit Act. The amendments intend to strengthen the internal audit function among other functions

Resolution 5 PACs should establish strategic partnerships with relevant stakeholders such as SAIs, Law Enforcement Agencies, Media and the Civil Society to enhance accountability and transparency in the use of public funds

Implementation Status Accountability Kenya (AK) was launched on 27 th March, The Organization has a strategic plan aimed at ensuring that its objectives are realized.

Resolution 6 PAC Members should utilize their legislative powers and work towards introduction of appropriate laws that strengthen the position and powers of PAC and promote transparency and accountability in the management of public resources

Implementation Status The Parliamentary Powers and Privileges Act grants House Committees powers while conducting business. For example, Committees have powers to compel the appearance of witnesses and order them to produce documentary evidence. Sittings of Committees are open to the public unless under very exceptional circumstances

Resolution 7 All jurisdictions should devise mechanisms to ensure protection of individuals officers that investigate corruption and fraud cases arising or unearthed from PAC hearings

Implementation Status Ethics and Anti-Corruption Commission (EACC) officers enjoy Police powers and privileges