The Council of Governors (CoG) has vehemently opposed a proposed performance audit of education funds across six counties, labelling the initiative by the Office of the Auditor-General as unconstitutional and lacking transparency.
Governor Ahmed Abdullahi of Wajir, who chairs the CoG, sharply criticized the plan to scrutinize bursaries, scholarships, and Early Childhood Development Education (ECDE) centres, asserting that it falls outside the constitutional and statutory timelines stipulated in Article 229 of the Constitution and Section 36 of the Public Audit Act.
“There has been politicization of the bursaries matter: I do not know who is so determined to make sure counties are barred from giving out bursaries,” questioned Governor Abdullahi
Governor Abdullahi expressed concern over the selection criteria for the targeted counties and the decision to audit records stretching back to 2021, highlighting that some current governors were not in office during the periods under review, making such an audit problematic.
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The CoG chairperson further lamented that the audit was conceptualized without any prior engagement with the Council or the affected counties.
“This results in a process that lacks critical input for a comprehensive and context-specific audit in a devolved system. The criteria for selection of the counties under review remain unexplained and, therefore, opaque,” he stated
The chairperson emphasised the importance of collaborative engagement for any audit process.
The governors contend that counties have already undergone audits for the specified financial years, making any repeat exercise both prejudicial and duplicative.
“Any audit exercise that is not anchored in the legal framework, including those initiated outside the timelines prescribed under Article 229 of the Constitution and the Public Audit Act, is irregular, unconstitutional, and therefore null and void,” asserted Governor Abdullahi,
The governor urged the Auditor-General to strictly adhere to legal parameters and prescribed timelines. He underscored the necessity of upholding the rule of law and mutual institutional respect to safeguard the integrity of the audit process and the principles of devolution.
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“You must uphold the rule of law and mutual institutional respect is essential to maintaining the integrity of the audit process and safeguarding the principles of devolution. The Council of Governors remains fully committed to accountability, transparency and responsible governance in service delivery,” he reiterated
Echoing these sentiments, Mutahi Kahiga, the Vice Chairperson of the Council of Governors and Governor of Nyeri, weighed in on the matter.
“As a council, we stand firmly with the Constitution and the law, which states that audits must be conducted within six months of the end of the financial year. Unfortunately, we’ve received word that six counties are now being targeted for re-audit.” He stated
Governor Kahiga pointed out the significant progress counties have made in devolved functions such as health, water, and agriculture, questioning the exclusive focus on bursaries and ECDEs.
“Counties step in to provide bursaries because there is a need. Why re-audit the performance of bursaries and ECDEs alone? What about health, agriculture, and water, where counties have also excelled?” he inquired,
The Vice Chairperson highlighted counties’ efforts in employing ECDE teachers, building pre-primary infrastructure, and focusing on school feeding programs. Despite their strong opposition to the current approach, the Council of Governors reiterated their welcome for constructive and lawful audit processes that are conducted in a spirit of collaboration, fairness, and respect for devolved governance.
By Cornelius Korir
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