Azimio la Umoja, on Friday, June 16, once again threatened to move to court to block the Finance Bill, 2023, which passed the first and second reading at the National Assembly on Wednesday, June 14.
Unlike before, where Azimio opposed the Bill on the grounds of punitive tax measures and Ruto interfering with the opposition, the Raila Odinga-led coalition argued on technicalities.
Orange Democratic Movement (ODM) chairman, John Mbadi, claimed the bill was illegally tabled in Parliament and contains provisions that are harmful to the economy.
According to Mbadi, the bill was also not accompanied by a memorandum of budget estimates.
"The Majority side had no justification for pushing for a vote on the Bill in a rushed manner like what they did. It is anticipated in the Law that the debate on the Bill and vote thereof would have succeeded the budget highlight by the Treasury Cabinet Secretary.
"Therefore, the budget highlights should precede the debate on the Bill. The growing tendency by Kenya Kwanza to attempt to hoodwink Kenyans must stop, and they should immediately withdraw the Bill," Mbadi claimed.
In particular, the chairperson of the National Assembly's Public Accounts Committee claimed that the controversial Bill contravenes the amended Public Finance Management (PFM) Act, Section 40 and the Standing Orders 244 (c) (4) that requires the National Treasury Cabinet Secretary to table the proposed legislation after the budget highlights.
Mbadi, a Certified Public Accountant (CPA), warned that should the National Assembly majority side fail to withdraw the Bill, he would mobilize his Azimio la Umoja Coalition to litigate the matter in court.
"We are going to court to challenge the legality of the Bill. We will also challenge its provisions that are harmful to the economy," Mbadi threatened.
The memorandum of budget estimates is a document that provides details of the government's revenue and expenditure plans for the next financial year.
According to Mbadi, both Speakers Moses Wetangula and Majority Leader in the National Assembly Kimani Ichung'wah errored in tabling Finance Bill 2023 and allowing the reading of Budget 2023/24 without following proper legal provisions in the Public Finance Management (PFM) Act.
"On the same date that the budget policy highlights and revenue-raising measures are pronounced, the Cabinet Secretary shall submit to Parliament the Finance Bill, setting out the revenue-raisin measures for the national government, together with a policy statement expounding on those measures," reads Section 40 (3) of the PFM Act.
The Act also provides that following the Cabinet Secretary's submission of the Finance Bill, the relevant committee of the National Assembly shall introduce it in the National Assembly, together with the committee's report.
The Nominated MP contended that the Finance Bill 2023 should be introduced afresh next week for debate in compliance with parliamentary procedures.
