Speakers Wetangula, Kingi Sued For By-Passing The Senate’s Budget Discussions
Busia Senator Okiya Omtatah has filed a lawsuit against the Speakers of the National Assembly and Senate, accusing them of bypassing the Senate during the critical budget-making process.
Omtatah, a seasoned advocate for Kenyan rights in the courts, has filed a lawsuit against Speaker Moses Wetang’ula and Senate Speaker Amason Kingi.
He contends that excluding the Senate violates the Constitution’s clear provisions.
Omtatah’s legal challenge is based on the failure to include the Senate in the discussions, debate, and approval of the national budget estimates for Fiscal Year 2024/2025, as well as the passage of the Appropriation Act, 2024.
After receiving the petition, Justice Lawrence Mugambi acknowledged its urgency and directed the two speakers to respond within three days.
The Senate, or upper house, is responsible for allocating national revenue to counties and overseeing county government finances.
The Constitution requires the Senate to pass a resolution determining the basis for revenue allocation, taking into account input from the Commission on Revenue Allocation (CRA), the Council of Governors (COG), the Intergovernmental Budget and Economic Council (IBEC), the National Treasury, and public consultations.
The Senate Finance and Budget Committee’s responsibilities are further outlined in the Public Finance Management Act (PFMA).
This includes presenting revenue allocation proposals, reviewing budgetary bills related to counties, examining financial statements, and making recommendations for improvements in public finance management.
Once the Senate approves the committee’s resolutions, they are forwarded to the Speaker of the National Assembly, who then tables them for approval or rejection.
This lawsuit comes amid heightened fiscal tensions in the country.
On Friday, President William Ruto directed the National Treasury to identify substantial budget cuts totaling Ksh346 billion.
This directive came after the contentious Finance Bill 2024, which aimed to increase government revenue but faced strong opposition.
Senator Omtatah’s legal challenge is part of a larger debate over the roles and responsibilities of Kenya’s legislative bodies in budget formulation.
Omtatah claims that by excluding the Senate, the current process undermines constitutional mandates as well as the principles of equitable revenue distribution across counties.
The case is set to be mentioned on July 11.
Speakers Wetangula, Kingi Sued For By-Passing The Senate’s Budget Discussions
