Omtatah Exposes How MPs Illegally Approved Ksh1.8 trillion Withdrawal From Fund
In a letter dated June 21, Busia Senator Okita Omtatah accused the National Assembly of unconstitutionally giving the National Treasury access to Ksh1.8 trillion from the Consolidated Fund.
In his letter, Omtatah demanded that the Senate consider and approve the budget estimates for Fiscal Year 2024/2025 as well as the Appropriation Bill 2024.
The Ksh1.8 trillion was considered by the National Assembly while debating the Appropriation Bill, 2024.
“The National Assembly since the advent of devolution has passed an unconstitutional budget because it excludes the Senate from the consideration, debate and approval of the annual budget estimates and the enactment of the Appropriation Act,” he wrote in the demand letter.
Omtatah stated that the Appropriation Bill, 2024, is intended to allocate funds for specific public services and purposes.
Open letter to the Speaker of @NAssemblyKE & @Senate_KE
— Okiya Omtatah Okoiti (@OkiyaOmtatah) June 23, 2024
RE: Demand that the Financial year 2024/2025 budget estimates and the Appropriation Bill, 2024, be also Considered and Approved by the Senate.#RejectFinanceBill2024 pic.twitter.com/y6mERAMr3C
Once signed into law, the Bill will be known as the Appropriation Act 2024, and it will go into effect on July 1, 2024.
“From the effective date, Section 2 of the Act will authorise the National Treasury to withdraw from the Consolidated Fund and spend, as provided in the Schedule to the Act, in the financial year ending on June 30, 2025, the sum of Ksh1.8 trillion,” Omtatah remarked.
Section 3 of the Act authorizes the funding of constitutional commissions, independent offices, Parliamentary Joint Services, and the Senate.
Omtatah points out in his letter that these entities cannot be funded without Senate approval, which is why they are illegal.
“The above state of affairs will violate the Constitution if the estimates and the Bill don’t come to the Senate because the August House is expressly required by constitutional edict to participate in the allocation of funds to these entities,” he explained.
Omtatah accused the National Assembly of violating Article 249(3) of the Constitution, which requires both houses of parliament to allocate adequate funds to allow each commission and independent office to carry out its functions, and that each commission and independent office’s budget be voted on separately.
Furthermore, Omtatah stated that funds for commissions and independent offices cannot be approved without Senate approval because the offices report to both houses of parliament for accountability.
Omtatah Exposes How MPs Illegally Approved Ksh1.8 trillion Withdrawal From Fund
