Activists go to court to block 2011 Budget

By Judy Ogutu A non-governmental organisation (NGO) is seeking court orders restraining Finance Minister Uhuru Kenyatta from reading the national budget next week.
International Centre for Policy and Conflict (ICPC), which is suing through its Executive Director Ndung’u Wainaina has lodged an urgent case at the High Court.
Through its advocate, Mr Eric Komolo, the NGO wants the orders to remain in force until the National Assembly "has had enough time to analyse and the public given opportunity to meaningfully contribute to the proposed budgetary estimates."
Named as respondents to the suit are: Uhuru, Treasury Permanent Secretary, the Attorney General, and the Speaker of the National Assembly.
Restrain speakerAccording to the petitioner, Uhuru recently placed an advertisement in the media indicating he will be reading the final revenue and expenditure estimates for the year 2011 on June 8 in Parliament without according him and the public their right to contribute to the process.
The petitioner is accusing the respondents of failing to submit to the National Assembly estimates of revenue and expenditure as required by the Constitution.
This, he argues, is in contravention of mandatory provisions of Article 221 of the Constitution.
The Article requires the Finance Minister or Cabinet Secretary responsible for finance to submit to the National Assembly at least two months prior to the end of each financial year, estimates of revenue and expenditure for further interrogation and public participation.
Wainaina wants the court to order the respondents to immediately submit the budgetary estimates for the financial year commencing July 2011 to the National Assembly.
Also sought is an order restraining the Speaker of the National Assembly from allowing the minister to in any way proceed with the scheduled reading of the budgetary estimates until the suit is heard and determined.
In addition, the court should also declare that failure by the Finance minister to submit the budgetary estimates two months in advance at the end of fiscal year 2010 is in contravention of Articles 221(1) and (4), 201 and 35 of the Constitution.
"The applicant’s rights to meaningful public participation, reasonable constitutional access to open, transparent and accountable process of preparation of budgetary estimates have been and continue to be denied or violated," the lawyer says.