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"id": 1440588,
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"speaker_name": "Hon. Speaker",
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"content": "Contrary to the assertions made by the Hon. Leader of the Minority Party, the advisory is not an unusual document. Hon. Members will note that every year, before the conclusion of the budget process, the Office of the Clerk seeks the views of the Cabinet Secretary responsible for finance on the options available to the House and its committees to ensure a balance between the measures of supply and ways and means under consideration by the House. This is in keeping with the requirements of Article 114 of the Constitution on the consideration of money Bills. The advice enables the House to ensure that the measures of supply and ways and means that it approves in the Appropriation Bill and the Finance Bill adhere to applicable constitutional and statutory limits. As you are aware, under Section 39(a)(4)(c) of the Public Finance Management Act, Cap 412(a), any recommendations made or resolutions passed by this House on revenue matters must take into account the impact of the proposed changes on the composition of the tax revenue that the National Treasury is expected to raise. Additionally, under Section 4(5)(c) of the Public Finance Management Act, the House has an obligation to ensure that the total amount of revenue raised is consistent with the fiscal framework that it approved during the budget process. During its consideration of budget proposals, the House must strike a balance between the supply of monies that it appropriates for the national government and the ways and means of financing such expenditure. As ably expressed by the Hon. Leader of the Majority Party, and the Chairperson of the Budget and Appropriations Committee, any negative imbalance between the ways and means and the supply approved by the House ultimately results in a fiscal deficit. This deficit can only be addressed through borrowing, enhanced taxation or reduction of the Estimates of expenditure. If you listened to the contributions of Hon. TJ Kajwang’ yesterday, these are the exact words he used in his contribution. He was very right in law and under the Constitution. As Hon. Members recall, any borrowing sanctioned by the House must strictly adhere to the threshold prescribed by this House in line with Section 50 of the Public Finance Management Act and the principles outlined under Article 211 of the Constitution that caution against overburdening future generations with unnecessary bad debt. All things considered, my reading of the advisory from the Cabinet Secretary is that it constitutes a reminder to the House of its constitutional and statutory obligations. I do not view it as a directive in the manner argued by the Hon. Leader of the Minority Party. In the letter, the Cabinet Secretary reminds the House of the recent increase made to the Estimates of Expenditure when the House considers supply measures. The House is merely being asked to factor in this increased expenditure when considering the ways and means of financing the approved supply. In its decision-making, the House is only bound by the Constitution and the law. The ultimate decision lies with this House. I, therefore, find nothing untoward with the advisory. Its contents may be used for the information of the Budget and Appropriations Committee, the Departmental Committee on Finance and National Planning and the House in Plenary and during the Committee of the whole House, while considering both the Appropriations Bill and the Finance Bill. The House is accordingly guided. Hon. Members, on what Hon. (Dr) Otiende Amollo has raised, entry and access to the galleries is not anybody’s right. It is at the discretion of not just the Hon. Speaker but also the Serjeant-at-Arms and his team. Their advice this afternoon was that they desired to keep the galleries unoccupied. That being a security matter, to which I am not an expert, I have given them the benefit of the doubt. Secondly, Hon. Otiende Amollo, you may recall that in 2021, the Hon. John Mbadi nearly killed me in the Public Gallery. 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."
}