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{
    "id": 676941,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/676941/?format=api",
    "text_counter": 185,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "very fundamental because it proposes to insert a new Section 39(A) to the Act to provide for the process of approving expenditures before Budget Estimates are approved by the National Assembly. That new section gives us a process in which we can approve expenditures before the Budget Estimates are provided to the National Assembly. What does this do? This is just to facilitate Government expenditure, especially during the year of election. This is where I want Members to be keen. How do we protect the budget allocations we give to the national and county governments in an election year? This is to facilitate Government expenditure especially during an election year or when Parliament is unable to approve a vote of account at the beginning of a financial year. Article 222 of the Constitution does not contemplate a situation where the National Assembly does not approve Budget Estimates before the end of a financial year. That Article does not anticipate a situation where the National Assembly will not be there to approve the Budget Estimates at the end of any financial year. Article 222(1) of the Constitution authorises the National Assembly to approve the withdrawal of money to meet the national Government expenditure through the Appropriations Act and only when the Budget Estimates have been approved by the House. What happens if the Appropriations Bill has not been assented to by the President at the beginning of a financial year? An interpretation of this matter has already been issued by the courts. The Constitution does not clarify what happens in the event that the National Assembly has not approved Budget Estimates at the end of a financial year. This is a catch 22 situation. The elections will be in August and the Budget Estimates, according to the Constitution, must be approved around June next year. So, what happens if there is no quorum here or there is nobody in the House? Maybe it is only the Speaker and the Leader of the Majority Party around. This Bill is very important. Experience in other countries suggests that such a scenario may occur. For example, in the United States of America, it happened during the second term of President Bill Clinton and this resulted in a complete shutdown or scale down of various Government services or offices. It should be remembered that under Section 48 of the repealed Constitution of Kenya, Parliament had minimal powers to alter the Executive’s Budget proposals. Naturally, therefore, the risk of a deadlock between the Executive and the Legislature on the Budget Estimates was minimal. Under the current Constitution, however, the National Assembly has been given significant powers to amend the Budget proposals of the Executive. The budget-making process is now a function of the National Assembly. We can amend the Budget proposals of the Executive. This, therefore, suggests that differences between the Executive and the Legislature on the Budget Estimates will be unavoidable and are likely to arise every time. The increase in legislative powers to amend the Budget and the absence of a provision in law for a provisional Budget increases the risk of a deadlock leading to non-approval of the Executive’s Budget and, therefore, a shutdown of Government services. Clause 13 proposes to introduce a new Section 39(A) of the Act. That is one of the most important clauses. Further, research indicates that the risk of a deadlock increases in countries such as ours with a presidential system. With a multiplicity of political parties, additional complications arise if the Deputy President belongs to a party different from that of the President but, for now, I want to confirm that the Deputy President belongs to the same party as the President. In the unlikely event, as CORD wants to push us to a government of national unity, which we will not accept, the provisions are not there, we need to be careful. Hon. Speaker, if Hon. Raila becomes, maybe, the second or third Deputy President, - I am not saying so and I do not want the media to quote me--- I am not saying that there is a 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."
}