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{
    "id": 941879,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/941879/?format=api",
    "text_counter": 151,
    "type": "speech",
    "speaker_name": "Homa Bay Town, ODM",
    "speaker_title": "Hon. Peter Kaluma",
    "speaker": {
        "id": 1565,
        "legal_name": "George Peter Opondo Kaluma",
        "slug": "george-peter-opondo-kaluma"
    },
    "content": " Thank you, Hon. Speaker. I rise to seek your clarification and guidance on a matter of grave public importance. I draw the attention of the Speaker for your interpretative and clear directions on the provisions of Article 95 of the Constitution. Article 95 (4) says that the power to budget and appropriate funds for the national Government is vested in this House as the House of Representatives. Under Article 173, the Constitution, in securing the financial independence of the Judiciary, establishes the Judiciary Fund. In other provisions of Article 173, Parliament was obligated by the people of Kenya to enact a law that would properly anchor that Fund. If the House will remember, in 2016, through and assisted by the then Departmental Committee on Justice and Legal Affairs, this Parliament enacted the Judiciary Fund Act. That Act has not been operationalised for quite some time. I remember about two months ago, there was a gazette notice published with the assistance of our Committee on Delegated Legislation that operationalises the Fund. What was published were the Judiciary Fund Regulations of this year. There is clarity on this matter. It is now common knowledge that Circular No.14A was issued by the Treasury on 24th September 2019 in which it has in effect proposed a reduction of the budgets made by this Parliament for the Judiciary and other arms of Government, including Parliament. When I thought this could not be so, yesterday, as a Member of Parliament who still attends court, and as a person serving this Parliament in the Departmental Committee on Justice and Legal Affairs, my attention - as the attention of others - was drawn to Petition No.425 of 2019 in which the High Court issued an order - I do not believe it is purported; It is an order which I will table - to the Treasury compelling it to remit to the Judiciary Fund the monies this Parliament budgeted for the Judiciary from the Consolidated Fund. If the House remembers, this was merely Kshs18.8 billion - about 0.44 per cent of the national budget. I stand before you to seek clarification on the provisions of Article 223 which allow the arms of Government to engage in some expenditure before appropriation where Parliament has not sat but to seek validation later. Looking at the entire Constitution, it does not appear to me that the Treasury has any power to reduce the budget of any arm of Government without prior reference to this Parliament. There is panic all over the Judiciary. If you have been alert, the media has been replete with cases where several courts and tribunals across the country are suspending sittings or judicial proceedings due to what they term as lack of resources."
}