Members of Parliament have approved the Sh138.86 billion supplementary budget for 2021/22 despite concerns by Garissa Township MP Aden Duale that it breaches the Constitution.
House Speaker Justin Muturi promised to rule on the constitutionality of the mini-budget in the course of the week and permitted MPs to discuss and adopt the report of the House Committee on Budget and Appropriations (BAC) that examined it.
The mini-budget, a reorganisation of the Sh3.03 trillion unveiled to the House on June 10, 2021, by Treasury Cabinet Secretary Ukur Yatani, sought approval to allow additional expenditures.
Through a statement, Duale said the mini-budget violates Article 223 of the Constitution since it exceeded the two-month period within which the approval should be made by Parliament.
Muturi termed the issues raised by Duale as weighty, which he should address appropriately.
Article 223 (2) of the Constitution requires that any spending under this Article be sought within two months after the first withdrawal of the money.
If this cannot be actualised within two months if for one reason or the other Parliament is not sitting, then the approval should be sought within two weeks of the resumption of the next sitting.
The additional expenditures include funding for drought-related interventions, security, Covid-19, pending bills, salary shortfall, 2022 elections, and expansion of Competency-Based Curriculum infrastructure.
Duale also listed the Sh2 billion to the Ministry of Defence as among the expenditures that fail Article 223 of the Constitution.
The amount was disbursed in September 2021 on security operations in the country.
The others are Sh2 billion to the Ministry of Defence disbursed in November 2021 on security operations, Sh362.6 million for Covid-19 Vaccines disbursed in August 2021 under the Ministry of Health.
There is also Sh280 million for LCIA arbitration- Channel 2 Cooperation vs KBC – which was disbursed on August 27, 2021, Sh620 million for drilling of bore-holes in informal settlements disbursed on September 29, 2021, under the Ministry of Water and Sanitation.
Duale has also challenged the Sh1.7 billion spent on security operations by the National Intelligence Service (NIS) disbursed on November 15, 2021, among others.
Article 223 (4) provides that when the House is done with this report, a Supplementary Appropriation Bill is to be introduced for money spent under this Article.
But Duale noted that some allocations are for monies yet to be spent.
This, therefore, means that Speaker Muturi will be required to rule whether it is in order for the Supplementary Appropriation Bill to be introduced covering both monies spent and others yet to be spent.
Article 223 (4) is specific that such Supplementary Appropriations be strictly for money spent.
The constitution also allows an accounting officer for a national government entity, other than a state corporation, to reallocate funds between programs, or between Sub-Votes, in the budget for a financial year if there are provisions which are not likely to be utilised.