Budget unconstitutional, Senate insists in new row : The Standard

The Senate has dismissed National Treasury Cabinet Secretary Henry Rotich’s reading of Budget as unconstitutional and “amounts to nothing”. The Senators gave a harsh verdict on the Budget reading exercise saying the CS could have postponed the reading of the Budget until the Division of Revenue (DOR) Bill is considered by both houses and enacted into law. They have now called on President Uhuru Kenyatta not to sign into law the Estimates and Appropriations Bill being considered in the National Assembly when the bill has been negative. Though counties can still appropriate 50 per cent of their allowance for six months until the DoR Bill is passed, Senators have vowed not to relent until their colleagues in the lower House respect the Supreme Law.

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“It does not matter what the National Assembly is doing, it amounts to wastage of time. The CS’ business of presenting the Budget in the House is no longer a legal requirement,” Siaya Senator James Orengo said. Nyamira Senator Okong’o Omogeni said there was no way the National Assembly can legislate on the Appropriation’s Bill before clearing with DoR. “First thing is to share monies raised nationally among the two levels of government. “The law is so clear even a child in elementary class can’t breach it. I thought we have lawyers in the National Assembly,” Omogeni said.  Senate Majority Leader Kipchumba Murkomen (Elgeyo/Marakwet) warned that if the National Assembly proceeds to debate and pass the Budget Estimates and Appropriation Bill before the passage of a Division of Revenue Bill that is agreeable to both houses, it will be a violation of the Constitution.

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“DoR is a condition precedent to budgeting at both levels of government. “Rotich reading the Budget absolutely has no meaning. His actions are just like any CS appearing before Parliament, he could have done the same in his office or in a hotel in Mombasa,” Murkomen said.  The Senators termed as fallacious arguments by MPs leaders led by Majority Leader Aden Duale, Minority Leader John Mbadi and Kikuyu MP Kimani Ichungwa that the national government will operate smoothly despite the defeated bill. Senators Sam Ongeri (Kisii), Mutula Kilonzo Jnr (Makueni), Cleophas Malala (Kakamega), Samson Cheragei (Nandi), Hargure Godana (Marsabit) and Enock Wambua (Kitui) also censured Rotich, saying what he did is an exercise in futility.

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SenateHenry Rotichivision of RevenueBudget