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{
    "id": 1158451,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1158451/?format=api",
    "text_counter": 72,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "(2) If Parliament is not sitting during the time contemplated in clause (2), or is sitting but adjourns before the approval has been sought, the approval shall be sought within two weeks after it next sits. (3) When the National Assembly has approved spending under clause (2), an appropriation Bill shall be introduced for the appropriation of the money spent. (4) In any particular financial year, the national government may not spend under this Article more than ten per cent of the sum appropriated by Parliament for that financial year unless, in special circumstances, Parliament has approved a higher percentage.” Hon. Members, you will agree with the Member for Garissa Township, that the provision is quite clear on the threshold to be met by the Cabinet Secretary for the National Treasury in making any submissions to the House, that may require the approval of a supplementary appropriation, over and above the sum appropriated by the House arising from the annual estimates. However, whereas Article 223 of the Constitution imposes strict conditions on how the national Government may spend money that has not been appropriated, it also prescribes timelines within which the approval of the House should be sought and caps the maximum amount that may be spent. It does not make any further provision with regard to what is expected of Parliament thereafter apart from noting that the House may, by resolution, increase the limit of additional spending allowed. The Article does not also set a limit within which the House is to grant or deny the approval. Hon. Members, I further note that, in line with settled House practice, the First Supplementary Estimates for the Financial Year 2021/2022 were tabled in the House by the Leader of the Majority Party on 1st February 2022. In keeping with the requirements of the Standing Orders, they were referred to the Budget and Appropriations Committee. The Committee was expected to conduct public participation and engage the Departmental Committees and the National Treasury in order to make relevant recommendations to the House. A perusal of the Schedule to the First Supplementary Estimates for the 2021/2022 Financial Year incorporating the recommendations of the Committee indicate that the net sum contained is a request to the House to approve the expenditure of Kshs139,752,936,287. When compared to the sum of Kshs1.942 trillion approved in the Budget Estimates for the 2021/2022 Financial Year, the supplementary figure constitutes approximately seven per cent of the approved Estimates. At face value, this seems well within the 10 per cent threshold set by Article 223(5) of the Constitution."
}