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{
    "id": 263537,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/263537/?format=api",
    "text_counter": 329,
    "type": "speech",
    "speaker_name": "Prof. Muigai",
    "speaker_title": "The Attorney-General",
    "speaker": {
        "id": 408,
        "legal_name": "Githu Muigai",
        "slug": "githu-muigai"
    },
    "content": "Mr. Speaker, Sir, I alluded last time to the provisions of Article 222(1) of the Constitution. The Constitution provides for two situations in which funds may be withdrawn from the Consolidated Fund in these circumstances, that is, where the Appropriation Act has not been assented to and where the Appropriation Act is not likely to be assented to. The monies in question were withdrawn on 14th June, 2011. As of the said date, the Appropriation Act for the financial year 1st July, 2011 to 30th June, 2012 had not been assented to as provided under Article 222 of the Constitution. The Government sought authority from Parliament through a Vote on Account Motion dated 14th June, 2011, and Parliament gave its approval on 26th June, 2011. The consent of His Excellency the President was sought and obtained for this particular Motion that was debated and approved by this House on 16th June, 2011. Mr. Speaker, Sir, the legality of this move was questioned in a matter that was filed in the High Court of Kenya, in the Constitutional Division, this being, Jane Mati and another versus the Attorney General and another, High Court Petition No.108 of 2011. The High Court found that for there to be compliance with Article 222, there ought to be an Appropriation Act or Bill in place, and it was in breach of the Constitution to proceed to withdraw money from the Consolidated Fund without the existence of an Appropriation Act or Bill. However, the High Court found that there had been substantial and good faith compliance with the Constitution and the Constitution and its values had not been threatened by the act of the Government. In the circumstances, the High Court declined to grant the declarations sought in the petition. The High Court further stated:- “To grant those declarations would insist on the austerity of tabulated legalism.”"
}