Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 861812,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/861812/?format=api",
    "text_counter": 326,
    "type": "speech",
    "speaker_name": "Funyula, ODM",
    "speaker_title": "Hon. (Dr.) Wilberforce Oundo",
    "speaker": {
        "id": 13331,
        "legal_name": "Wilberforce Ojiambo Oundo",
        "slug": "wilberforce-ojiambo-oundo-2"
    },
    "content": "The Constitution of Kenya is explicitly clear on the role of the Judiciary, the Judicial Service Commission and the Judiciary Fund. Specifically, Article 173 contemplates that the Judicial Fund shall be a charge on the Consolidated Fund. Consequently, the funds that accrue to the Judiciary must come from the Consolidated Fund. If you look at the regulations, under Regulation 6, it purported indirectly to expect to use funds collected at source - fines, fees, levies and all those kinds of things. However, looking at the PFM Act, there are some things that do not constitute Appropriation-In-Aid, and therefore, must be provided for in the Consolidated Fund. When we reviewed the regulations, it became apparent that those regulations were in breach of Article 206 of the Constitution of Kenya that requires that all funds collected on behalf of the national Government must be surrendered to the Consolidated Fund. Thereafter, once Parliament approves the budget of the Judiciary, there can be a charge on the Consolidated Fund. On that ground alone, Regulation 6 and consequently the entire regulations were in breach of the Constitution and the PFM Act. On that score, we, the Members of the Committee on Delegated Legislation, proposed the annulment of the regulations in entirety."
}