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{
    "id": 1147618,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1147618/?format=api",
    "text_counter": 243,
    "type": "speech",
    "speaker_name": "Sen. Faki",
    "speaker_title": "",
    "speaker": {
        "id": 13211,
        "legal_name": "Mohamed Faki Mwinyihaji",
        "slug": "mohamed-faki-mwinyihaji-2"
    },
    "content": "the Regulations were tabled before the Senate on 9th of February, 2022, and subsequently committed to the Senate’s Sessional Committee on Delegated Legislation for scrutiny, pursuant to Section 15(2) of the Statutory Instruments Act, 2013. In brief, and without going into the details of the regulations, the main objective of the regulations is to set out procedures for a number of activities in budget implementation including, authorization of withdrawals of the funds and enforcement of the budgetary ceilings for a detailed itemization the objectives of the regulations are at regulation four. In terms of contents, some of the salient features of the regulations broken down in parts include; - (a)The procedure for request and approval of funds, from the Consolidated Fund, County Revenue Fund and any other Public Fund at part two; (b)Factors to consider while monitoring, evaluating and reporting on budget implementation at part three; (c)Procedure for conducting investigations and the guiding principles for conducting the investigations at part four; (d)Mechanisms for dispute resolution and complaint handling at part five; and (e)Miscellaneous matters, in relation to access, management of information and records at part six. To have a deeper appreciation of the regulations, a chapter on the Committee’s Report gives a detailed breakdown of the content of the regulations wholesomely. The Committee, in scrutinizing the regulations, received submissions from various stakeholders such as the National Treasury, the Central Bank of Kenya (CBK), the County Assemblies Forum, the Council of Governors (CoG), the Office of the Auditor-General, the Intergovernmental Relations Technical Committee (IGTRS), the Committee on Revenue Allocation and the Institute of Certified Public Accountants of Kenya (ICPAK). From the engagement with stakeholders, a raft of proposals, which in their view could have enriched the regulations were submitted. All the submissions made by the stakeholders have been annexed to the Committees Report. The Committee made the following observations: The regulations contained conflicting timelines with the existing statutes. Regulation 22 (3) on submission of quarterly reports to the Controller of Budget by the 15th day after the end of each quarter contradicts section 83, section 83(3) and (5) of the Public Finance Management Act, 2012, which requires ministries, departments and agencies (MDAs) to submit to the National Treasury and a copy to the Controller of Budget the quarterly report on the 15th day after the end of each quarter. In this particular regulation, the Controller of Budget wants the reports to be submitted to it rather than being submitted to the National Treasury in conformity with the Public Finance Management Act (PFM). The PFM Act takes precedent over any other legislation that talks of financial matters. The National Treasury thereafter, is requested to submit a consolidated quarterly report to Parliament and a copy to the Controller of Budget by the 45th day after the end of each quarter."
}