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{
    "id": 1021435,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1021435/?format=api",
    "text_counter": 11,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Constitution, Public Finance Management Act of 2012, Public Finance Management (National Government Regulations) 2015, and the Supreme Court Advisory Reference No.3 of 2019. Article 206 (2) of the Constitution requires the express authorisation or withdrawals from the Consolidated Fund, either by the Constitution or by an Act of Parliament. It provides that, “Money may be withdrawn from the Consolidated Fund only: (a) In accordance with an appropriation by an Act of Parliament. (b) In accordance with Article 222 or 223 of the Constitution. (c) As a charge against the Fund as authorised by this Constitution or an act of Parliament”. Hon. Members, for clarity, on its part, Article 222 of the Constitution authorises the withdrawal of funds from the Consolidated Fund for the operations of the national Government in the event that an Appropriation Bill has not been assented or is not likely to be assented to before the commencement of a financial year. This is the process that is referred to as Vote-on-Account in parliamentary parlance. It is a direct authorisation and does not require the passage of any additional legislation to effect the withdrawal. Article 222 of the Constitution is the basis for Standing Order No.242 of the National Assembly Standing Orders which outlines the procedure for a vote-on-account. The Constitution, however, does not expressly provide a similar mechanism to intervene for the counties when faced by a similar predicament. The Speaker of the Senate and I have been deliberating on this matter and we have reached a common considered view that replicating the Vote-on-Account procedure for the county governments would, therefore, require appropriate legislative grounding in the Constitution or through an Act of Parliament. Hon. Members, as you are aware, Parliament passed the Public Finance Management Act of 2012 to operationalise Chapter 12 of the Constitution by providing for the effective management of public finances by the national Government and county governments; the oversight responsibility of Parliament and county assemblies; and the different responsibilities of Government entities and other bodies. Section 17 (4) of the Act embodies the provisions of Article 206 of the Constitution by requiring that where a withdrawal from the Consolidated Fund is authorised under the Constitution or an Act of Parliament for the appropriation of money, the National Treasury must make a requisition for the withdrawal and submit it to the Controller of Budget for approval. Further, Section 205 (1) of the Act empowers the Cabinet Secretary for the National Treasury to make regulations, not inconsistent with the Act, on any matter that is necessary or convenient to be prescribed under the Act or for the carrying out or giving effect to the Act. In exercise of these powers, the Cabinet Secretary made the Public Finance Management (National Government) Regulations, 2015. Hon. Members, I am constrained to note that the rest of the provisions of Section 205 of the Public Finance Management Act, 2012 require the express approval of any regulations made under the Act by both Houses before their coming into force. Notably, subsections 4, 5 and 6 of the Section provide; (4)Regulations under subsection (1) shall not take effect unless approved by a resolution passed by Parliament. (5) Regulations approved under subsection (4) shall take effect on the day after the date on which both Houses approved them or, if a later date is specified in the regulations, on that later date. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}