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{
    "id": 7172,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/7172/?format=api",
    "text_counter": 333,
    "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, a few weeks ago, the Member of Parliament for Gwasi, hon. Mbadi, sought a Ministerial Statement from the Attorney-General on the withdrawal of funds from the Consolidated Fund. He wanted the Attorney-General to clarify whether the withdrawals from the Consolidated Fund between the 1st and the 7th of September, 2011 had been made in accordance with the provisions of the Constitution, and in particular Articles 206(2) and 221(6). Mr. Speaker, Sir, Article 206(2) says: “Money may be withdrawn from the Consolidated Fund only- (a) in accordance with an appropriation by an Act of Parliament;” Mr. Speaker, Sir, this presupposes a situation where every action taken by the Executive through the Minister responsible for finance and by Parliament in passing the Appropriations Act has been done within the prescribed period. (b) in accordance with Article 222 or 223; or (c) as a charge against the Fund as authorised by this Constitution or an Act of Parliament.’ Article 222(1) says: “If the Appropriation Act for a financial year has not been assented to, or is not likely to be assented to, by the beginning of that financial year, the National Assembly may authorize the withdrawal of money from the Consolidated Fund.” Article 223(1) says: “Subject to clauses (2) to (4), the national government may spend money that has not been appropriated if- (a) the amount appropriated for any purpose under the Appropriation Act is insufficient or a need has arisen for expenditure for a purpose for which no amount has been appropriated under the Act; or (b) money has been withdrawn from the Contingencies Fund.” Thirdly, money may be withdrawn as a charge against the Fund authorized by the Constitution or an Act of Parliament. Under Article 222 the Constitution then addresses itself to special circumstances under which money can be withdrawn from the Consolidated Fund before the passage of the Appropriation Bill and states in specific terms as follows:- Article 222(1) says: “If the Appropriation Act for a financial year has not been assented to, or is not likely to be assented to, by the beginning of that financial year, the National Assembly may authorize the withdrawal of money from the Consolidated Fund.” Article 222(2) says: “Money withdrawn under clause (1) shall- (a) be for the purpose of meeting expenditure necessary to carry on the services of the national government during that year until such time as the Appropriation Act is assented to;"
}