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{
    "id": 41913,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/41913/?format=api",
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    "content": "4. Article 221 is operative and the budget process as stipulated under the new dispensation requires that the estimates referred to in Article 221 should be submitted to the House and subsequently referred to the relevant Departmental Committees. 5. That a failure to read the Budget could lead to a paralysis and in the absence of resources to run its services. 6. That the Budget consists of the proposals that the Government wishes to put forward in terms of policies to be pursued in the following year and its reading is not inconsistent or incompatible with the presentation of the estimates of revenue under Article 221of the Constitution and can be done with or without the existence of Article 221. 7. That the law contemplated in Article 221(2)(b) to govern the form and procedure of Estimates of Revenue and Expenditure has not been passed and that that Article is, therefore, inapplicable. From these arguments, I have determined the following as the key issues requiring my ruling or directions:- (a) Whether or not Chapter 12 of the Constitution of Kenya, 2010 is in force and operation and whether in particular Article 221 of the Constitution is applicable to the current budget process. (b) Whether it is lawful in the present state of the law for the Deputy Prime Minister and Minister for Finance to read the Budget in the House and, if so, whether it is imperative that the Budget is read on the same date as the other partner States of the East African Community (EAC). (c) What the correct budgeting process at present should be. Hon. Members, I wish to acknowledge that while preparing my ruling on these issues, I received, on 6th June, 2011 correspondence from the Commission on the Implementation of the Constitution (CIC) under the hand of its chair person, Mr. Charles Nyachae, attaching an advisory opinion on the matters at hand and requesting my consideration of it. I now propose to make my findings and comments on each of these issues."
}