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{
    "id": 1158474,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1158474/?format=api",
    "text_counter": 95,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Supplementary Estimates presented to this House. Administratively, and to prevent any future non-compliance, I direct that the Clerk maintains a specific register for noting any requests for approval made by the Cabinet Secretary for the National Treasury pursuant to Article 223 of the Constitution and facilitate the timely tabling of all such requests before the House. Each request must be reported to the House by the Budget and Appropriations Committee which must confirm compliance of such requests with the timelines prescribed under Article 223 of the Constitution. This administrative direction is to be referred to the Procedure and House Rules Committee to consider its inclusion during the revision of the Standing Orders. Hon. Members, decisions of the House granting or denying approval sought under Article 223 should be specific and unequivocal. To aid the House to make such a decision, the National Treasury should separate expenditures under Article 223 of the Constitution from any ordinary reallocations and/or additions for each Vote, under separate Schedules. With respect to spending under Article 223, the Schedules should also indicate the amount and the purpose under each Vote and Item. The Report of the Budget and Appropriations Committee on the examination of the same should also separate these two, in addition to the Schedules of Financial and Policy Resolutions. Further, since the Constitution expects the National Treasury to seek approval of the House within two months after the first approval, in future, the House will be at liberty to consider the approval ahead of the Supplementary Estimates for the particular year and consolidate the two at the relevant legislative stage, including at the stage of publication of the attendant Supplementary Appropriation Bill. Hon. Members, with regard to the lacuna that is evident in the procedures of the House, as directed, I refer this matter to the Procedure and House Rules Committee. The Committee should recommend suitable text to codify the aforementioned procedure for processing requests from the National Treasury, including the registration, noting and reporting of the requests to the House and the scrutiny of the compliance of the requests with prescribed timelines by the Budget and Appropriations Committee. I also thank the Member for Garissa Township for raising this matter and the Members who contributed to the ensuing debate for their valuable insights that undoubtedly shall enrich future interactions between the House and the Executive with regard to budgetary matters. Hon. Members, in summary it is therefore my considered finding— 1. THAT, the request to the House to approve the additional expenditure of Kshs139,752,936,287.00 when compared to the sum of Kshs1.942 trillion approved in the Budget Estimates for Financial Year 2021/2022, constitutes approximately seven per cent of the approved Estimates which, at face value, is well within the 10 per cent threshold set by Article 223 (5) of the Constitution; 2. THAT, since Article 259(1)(d) of the Constitution requires any person interpreting the provisions of the Constitution to do so in a manner that contributes to good governance, it would be imprudent on the part of the Speaker to allow a procedural technicality to override the important objectives sought to be achieved through Supplementary Estimates. In this regard, pursuant to the provisions of Standing Order No. 1, the House shall continue with the process of approval of the First Supplementary Estimates for FY 2021/2022 by way of consideration of the Supplementary Appropriation Bill, 2022, which is now in its Second Reading; 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."
}