Busia Senator Okita Omtatah in a letter dated June 21, accused the National Assembly of unconstitutionally granting the National Treasury access to Ksh1.8 trillion from the Consolidated Fund.
Omtatah in his letter demanded that the Financial Year 2024/2025 budget estimates and the Appropriation Bill 2024, be also considered and approved by the Senate.
The Ksh1.8 trillion was considered by the National Assembly during the debating of 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 remarked that the Appropriation Bill, 2024, was meant to allocate money for certain public services and purposes.
Once enacted into law, the Bill will become the Appropriation Act 2024, which will commence 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 will further authorise the funding of constitutional commissions, independent offices, the Parliamentary Joint Services, and the Senate.
Omtatah in his letter remarks that these entities cannot be funded without the approval of the Senate hence the illegality.
“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 faulted the National Assembly for violating Article 249(3) of the Constitution which mandates both houses of parliament allocate adequate funds to enable each commission and independent office to perform its functions and the budget of each commission and independent office shall be a separate vote.
Additionally, Omtatah remarked that the money meant for commissions and independent offices cannot be approved without the Senate's input since the offices report to both houses of parliament for accountability.
