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The exchange has quickly drawn attention, with questions now surrounding the limits of constitutional oversight over public funds.
A strong government response has put Controller of Budget Margaret Nyakang’o under fresh scrutiny after Cabinet Secretary Aden Duale publicly challenged remarks attributed to her concerning funds allegedly operating outside existing oversight structures. Read Full Article Here
In a detailed statement, Duale said the government had taken note of public comments suggesting that certain public funds were not covered by any framework of oversight and accountability. He described that characterisation as inaccurate and called for clarification of the legal position.
Duale pointed to Article 228 of the Constitution and the Controller of Budget Act, 2016, as the foundations of Nyakang’o’s mandate.
Under Article 228(4), the Controller authorises withdrawals from the Equalisation Fund, Consolidated Fund and County Revenue Funds, as well as other public funds where an Act of Parliament specifically places them under her approval.
He further cited Article 228(5), which requires the Controller to confirm that withdrawals are authorised by law.
According to Duale, the funds discussed in the interview were created through separate legislation, with each law establishing procedures governing their management, withdrawal and audit. He maintained that such funds remain subject to scrutiny by the Auditor-General and Parliament.
The Cabinet Secretary stressed that the government recognises the constitutional independence of the Office of the Controller of Budget. However, he argued that independence must be exercised within the powers provided by the Constitution and legislation.
Duale also pointed to Parliament as the proper avenue for any expansion of the Controller’s mandate. He noted that proposed amendments to the Public Finance Management Act seeking broader oversight of funds and levies outside existing budget channels are already before Parliament.
The public disagreement has therefore brought renewed attention to a wider question: how far should the Controller of Budget’s oversight extend, and what mechanisms should Parliament establish for funds currently governed under separate laws?
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