Duale says Yatani address violates the Constitution

Friday, April 8th, 2022 05:01 | By
Garissa Township MP Aden Duale.
Garissa Township MP Aden Duale. PHOTO/Courtesy

Garissa Township MP Aden Duale termed yesterday’s presentation of the Budget as a violation of the Constitution which can be challenged in court.

Duale questioned the move to allow the reading of the Budget statement before the processing of the Budget estimates by the National Assembly.

“Are we turning the vigorous process by our departmental committees and the Budget and Appropriation Committee (BAC)  into a ritual; whose output does not inform policy pronouncements by the government?” posed Duale in a statement.

According to the former Majority Leader, Section  40 (1)  of the Public Finance Management Act, 2012 requires that each financial year, the CS with the approval of the Cabinet, makes a public pronouncement of the Budget policy highlights and revenue-raising measures for the national government (Submission of Finance Bill). 

The Finance Bill therefore must be presented before the House before the presentation of the Budget.

The processing of the estimates by the National Assembly through the departmental committees and the BAC culminates with an adopted report of the BAC as House resolutions informing the budget speech by the Cabinet Secretary for the National Treasury.

“Sadly, this process has been overlooked rendering the presentation by the CS unconstitutional,” Duale said.

Illegal decision

He said that the unconstitutional and illegal decision by the CS for the National Treasury to read his Budget statement before processing the estimates not only undermines the Constitutional budget-making role of the National Assembly but also rolls back the gains made by the House as a budget-making Parliament.

He argues that by allowing the CS to read his statement using a mere guideline (budget calendar), the House will be allowing the violation of the constitution under the guise of accommodating a general election.

“The National Assembly cannot adjust timelines and allow the Cabinet Secretary to breach the constitution, a sacrosanct supreme law of the land we all swore to protect and defend as Members of Parliament,” said the MP.

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