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{
    "id": 41912,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/41912/?format=api",
    "text_counter": 19,
    "type": "other",
    "speaker_name": "",
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    "content": "Hon. Members, on 31st May, 2011, hon. Martha Karua rose to seek guidance of the Chair on the application of certain provisions of the Constitution and, in particular, Section 2 of the Sixth Schedule to the Constitution, relating to the suspension of certain provisions of the Constitution which are recited at that Section. Hon. Karua asserted that, to her mind, the provisions of Article 221 of the Constitution relating to Budget Estimates and the Annual Appropriation Bill was not one of the provisions that was suspended and that, in her view, the Deputy Prime Minister and Minister for Finance could not read the Budget to Parliament because under the provisions of the new Constitution, which now apply, there will be no more reading of the Budget. Hon. Karua contented that despite this, she had seen that the Deputy Minister and Minister for Finance had publicly stated that he would be reading the Budget on 8th June, 2011. Hon. Karua, therefore, sought the ruling of the Chair on whether it was in order for the Deputy Prime Minister and Minister for Finance to contemplate reading the Budget in the House and the attendant fanfare and ceremony. The Chair sought to hear some views on the matter and the same were put forward by a number of Members including Mr. John Mbadi; Mr. G. Nyamweya; Dr. Machage; Mr. Gitobu Imanyara; the Minister for Justice, National Cohesion and Constitutional Affairs, Mr. M. Kilonzo; Mr. Abdikadir; Mr. Namwamba; the Minister for Education, Prof. Ongeri; the Minister for Transport, Mr. Kimunya and the Minister for Lands, Mr. Orengo. In summary, the following propositions were urged. May I state at the outset that I make no comment at this point as to their respective merits or demerits. 1. Article 221(1) of the Constitution requiring the Cabinet Secretary responsible for Finance to submit to the National Assembly estimates of the revenue and expenditure of the national Government for the next financial year, at least, two months before the end of each financial year; and Article 221(4) and 221(5) requiring public participation in the budget-making process have not been observed. 2. That Kenya has an international obligation under the East African Treaty to read the Budget at the same time as the other partner States. 3. Pursuant to Section 6 of the Sixth Schedule to the Constitution, the provisions of the former Constitution concerning the Executive continue to operate until the first General Elections held under the new Constitution and that those provisions recognize the Deputy Prime Minister and Minister for Finance and a window can, therefore, be found to permit the Minister to read the Budget even if Article 221 has not been complied with in full."
}