National Assembly Speaker Justin B. Muturi, on Thursday read a 13-page ruling that saved the troubled budget process but not without cautioning National Treasury Cabinet Secretary Ukur Yattani over non-compliance with datelines as required by Article 223 of the Constitution.
The constitutionality of the budget process was triggered by Garissa Town MP Aden Duale questioning the fidelity of the budget to the key appropriations article of the Constitution 2010.
“You will recall that, during the afternoon Sitting of the House on Tuesday, 29th March, 2022, the Member for Garissa Town, the Hon. Aden Duale rose on a Point of Order and raised a number of questions of constitutional propriety of the First Supplementary Estimates for FY 2021/2022 as presented to the House for approval by the Cabinet Secretary for the National Treasury.
In his questioning, Duale himself a long serving former majority leader had noted that, whereas Article 223 of the Constitution allows the Executive to utilises monies that are yet to be appropriated by the House, the same is subject to a maximum of ten percent of the approved Estimates
of the particular financial year on each Vote and strict conditions on the timelines within which the Cabinet Secretary must seek the approval of the House.
Duale further submission was that the Supplementary Estimates presented by the Cabinet Secretary did not adhere to the strict timelines imposed under Article 223 of the Constitution.
Read the complete ruling here: