Constitution of Kenya, 2010
State organs shall be audited by the Auditor-General.
(4) The accounts of the office of the Auditor-General shall be
audited and reported on by a professionally qualified accountant
appointed by the National Assembly.
(5) If the holder of a public office, including a political office,
directs or approves the use of public funds contrary to law or
instructions, the person is liable for any loss arising from that use and
shall make good the loss, whether the person remains the holder of
the office or not.
Procurement of public goods and services.
227. (1) When a State organ or any other public entity contracts
for goods or services, it shall do so in accordance with a system that is
fair, equitable, transparent, competitive and cost-effective.
(2) An Act of Parliament shall prescribe a framework within which
policies relating to procurement and asset disposal shall be
implemented and may provide for all or any of the following—
(a) categories of preference in the allocation of contracts;
(b) the protection or advancement of persons, categories of
persons or groups previously disadvantaged by unfair
competition or discrimination;
(c) sanctions against contractors that have not performed
according to professionally regulated procedures, contractual
agreements or legislation; and
(d) sanctions against persons who have defaulted on their tax
obligations, or have been guilty of corrupt practices or serious
violations of fair employment laws and practices.
PART 6—FINANCIAL OFFICERS AND INSTITUTIONS
Controller of Budget.
228. (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
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