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{
    "id": 562675,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/562675/?format=api",
    "text_counter": 328,
    "type": "speech",
    "speaker_name": "Hon. Nassir",
    "speaker_title": "",
    "speaker": {
        "id": 2433,
        "legal_name": "Abdulswamad Sheriff Nassir",
        "slug": "abdulswamad-sheriff-nassir"
    },
    "content": "Thank you very much. This is something that is very heavy on us as Kenyans. We will recall in December last year when this House approved a debt ceiling from Kshs 1.2 trillion to Kshs 2.5 trillion. When we did that there were issues that were done including a Sessional Paper that was brought to the Departmental Committee on Finance Planning and Trade by the Cabinet Secretary. It was properly thrashed out. That matter was brought to this House, debated and approved by this House. Today we wonder why once again the Constitution is being violated. I know others have raised this matter. The Article 223(5) of the constitution which says “In any particular financial year, the national Government may not spend under this Article more than ten per cent of the sum appropriated by Parliament for that financial year unless in special circumstances, Parliament has approved higher percentage.” There are two issues. First, the CS did not even bother to request Parliament for increasing the budget. This is by the Report of the Chairman on the Budget and Appropriations Committee Himself. His report says on page five which says that “The National Treasury is required to present to the House a request for approval of a higher amount above the ten per cent in the budget for the Financial Year 2014/2015, before approval of this Second Supplementary estimates. It is very clear and evident that Treasury itself has not requested formerly for this approval and it is the Committee itself that is requesting this House to be able to increase that estimate from the 10 per cent allowed to the 15 per cent. It is for this reason that we need to amend the Public Finance Management (PFM) laws. There is a word here. In the Constitution it says, unless in special circumstances. There is a phrase in the Constitution which says “unless in special circumstances”. That is when we can increase this budget from the required 10 per cent to more. To me, “special circumstances” would probably mean that this country is at war, has unprecedented famine or it has been hit by floods. That is what we expect to hear 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."
}