The Public Audit Act 2015 Petition Analysis

Parliament in exercise of its legislative mandate enacted the Public Audit Act which was
assented on 18th December 2015, the Act had a commencement date of 1st January 2016. The
Act had serious ramifications on the proper functioning of the Auditor General as envisioned in
the Constitution. It had proposals that could have affected the independency of the Auditor
General both as a person and institution. On this premise, Transparency International Kenya
approached the court seeking to have the controversial clauses declared unconstitutional, it
was joined by the Auditor General and AfriCOG as the 1st and 2nd interested parties respectively
while the Attorney General represented the government. Most of the Clauses TI Kenya and the
interested parties had sought to be declared unconstitutional were duly declared in the recent
judgment delivered by Justice E.C Mwita on 16th February 2018.

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  1. The Public Audit Act 2015 Petition Analysis
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