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{
    "id": 1256774,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1256774/?format=api",
    "text_counter": 1073,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Bill together with the Budget Estimates on 30th April 2020. The Bill was published on 5th May 2020 and was considered and passed by the House on 23rd June 2020. It was assented to by the President on 30th June 2020. The Cabinet Secretary presented the Budget Statement for the 2020/2021 Financial Year on 11th June 2020. That was well after the publication of the Bill. In 2021, the Cabinet Secretary submitted the Finance Bill together with the Budget Estimates on 29th April 2021. The Bill was published on 5th May 2021. It was considered and passed by the House on 24th June 2021. The particular Bill was assented to by the President on 29th June 2021. The Cabinet Secretary presented the Budget Statement for the 2021/2022 Financial Year on 10th June 2021, well after the publication of the Bill. In 2022, on account of the general elections scheduled for August 2022, the Cabinet Secretary submitted the Finance Bill together with the Budget Estimates on 7th April 2022. This was on the same date that he presented the Budget Statement to the House. The Bill was published on 8th April 2022 and was considered and passed by the House on 7th June 2022. In keeping with the provisions of Section 39A of the Public Finance Management Act of 2012 and the new court judgement, the Finance Bill of 2022 was assented to by the President on 21st June 2022. Hon. Members, from the foregoing, it is clearly apparent that the Cabinet Secretary and the House have adhered to the letter of the Orders of the Court in Okiya Omtatah Okoiti vs Cabinet Secretary, National Treasury and three others, in the [2018] KLR, and Section 39A of the Public Finance Management Act, 2012. This clearly signifies that Section 39A of the Public Finance Act of 2012 is the operative provision with regard to the introduction, consideration and passage of a Finance Bill. The third issue was with regard to the effect of the presentation of the Budget Statement on the consideration of a Finance Bill. Section 40 of the Public Finance Management Act of 2012 requires the Cabinet Secretary to make a public pronouncement of the budget policy highlights and revenue-raising measures of the national Government. In doing so, the Cabinet Secretary is required to take into account international obligations entered into under the East African Community Treaty. The House is aware that the EAC partner States have agreed to present and table their Budget Statements to their respective Parliaments every second Thursday of June. It is largely a ceremonial exercise which, particularly in our case, does not take away that all documentation relating to the budget is required to be submitted well in advance of the presentation of the Budget Statement. Indeed, as Members are aware, no question or comment is permitted during the presentation of the Statement. As a budget-making House, we are seized of the Estimates and the Finance Bill latest the 30th of April every year. Save for compliance with applicable statutory timelines, the House is left to its own devices on how to consider the Budget documents submitted to it. The House is under an obligation to prioritise the consideration of a Finance Bill with a view of passing it before the lapse of the June 30th deadline imposed by Section 39A of the Public Finance Management Act, 2012. It should not be lost to Hon. Members that the procedures of the House cannot be left to the whim of another arm of Government. The House is, therefore, at liberty to prioritise consideration of a Finance Bill before or after the presentation of the Budget Statement by the Cabinet Secretary for the National Treasury. As I conclude, I note that the variance in the Sections 39A and 40(3) and (4) of the Public Finance Management Act extends Standing Order 244C which gave rise to the point raised by the Member for Rarieda, Hon. Otiende Amollo, EBS, SC, MP. The Standing Order does not take into account provisions of Section 39A and the requirement for the submission and passage of the Finance Bill before the 30th of April and the 30th of June, respectively, every 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."
}