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"id": 7173,
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"type": "speech",
"speaker_name": "Prof. Muigai",
"speaker_title": "The Attorney-General",
"speaker": {
"id": 408,
"legal_name": "Githu Muigai",
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"content": "(b) not exceed in total one-half of the amount included in the estimates of the expenditure for that year that have been tabled before the National Assembly; and.” Article 223 then qualifies that the national Government may spend the money that has not been appropriated in three instances these being: First, that the amount appropriated for any purpose under the Appropriation Act is insufficient or need has arisen for expenditure for a purpose for which no amount has been appropriated under the Act. Secondly, that the money has been withdrawn from the Contingencies Fund or thirdly, that if Parliament is not sitting or is sitting but adjourns before the approval has been sought in which case the approval shall be sought within two weeks after it next sits. The Constitution gives this House authority to approve spending of public money in this matter within two months after the first withdrawal of the money. This authority should be read in conjunction with the provisions that I have mentioned above which is that Parliament must be sitting at the time. Mr. Speaker, Sir, in the instance case brought to the attention of the House by the hon. Member, the money in question was withdrawn on 14th June, 2011. The withdrawals from the Consolidated Fund that the hon. Member has enquired about were made, therefore, in strict compliance with the Constitution of Kenya. The Appropriation Act for the Financial Year 1st July, 2011, to 30th June, 2012 had not been assented to at the time in question as provided under Article 222 of the Constitution. The Government sought authority from Parliament through a Vote on Account of Motion dated 14th June, 2011. Parliament gave its approval on 16th June, 2011. The consent of His Excellency the President was sought and obtained for this particular Motion that was debated and approved by the House on 16th June, 2011,. From all the information available to me, therefore, I am satisfied that all the timelines required by the Constitution were complied with. Thank you, Mr. Speaker, Sir."
}