Photo/FILE Finance minister Uhuru Kenyatta presents the Budget at Parliament Old Chambers on June 10,2010. Government operations could grind to a halt if judge grants order over delays to submit estimates to Parliament.
By NATION TEAM newsdesk@ke.nationmedia.com
Posted Monday, May 30 2011 at 22:30
Posted Monday, May 30 2011 at 22:30
Parliament and the courts were on Monday gripped by the row over this year’s Budget after a man sought orders to block Finance Minister Uhuru Kenyatta from reading the estimates next week.
This came as the Treasury Budget team was working round the clock to ensure that Mr Kenyatta, also the deputy Prime Minister, submits the estimates to Parliament’s Budget Committee on Tuesday morning.
Mr Ndung’u Wainaina of the International Centre for Policy and Conflict accuses Mr Kenyatta of breaching the Constitution by failing to submit the estimates to Parliament 60 days to the end of the financial year.
The petition could ground government operations if the High Court accepts it. The financial year ends on June 30.
Mr Wainaina sued as a taxpayer and based his argument on Article 221 of the new Constitution:
“At least two months before the end of each financial year, the Cabinet Secretary responsible for finance shall submit to the National Assembly estimates of the revenue and expenditure of the national government for the next financial year to be tabled in the National Assembly.”
Mr Kenyatta has not submitted the estimates, though his team struck a deal with the Parliamentary Budget Committee to present the data on Tuesday.
“I am crossing my fingers and believing that as I take my seat at 10am, the three arms— the Judiciary, Parliament and the Executive — will have their estimates ready for us,” said House Budget Committee chairman Elias Mbau.
He said Treasury had in April asked for a 30-day extension to finalise the estimates and warned time was running out.
“We need the estimates so that we can process, scrutinise and table a report before Parliament. Woe unto any of them who will not meet the deadline, consequences will be a derailment of the departments they represent,” he warned.
The case was certified urgent and Lady Justice Jeanne Gacheche will hear it on Tuesday morning.
Sued alongside Mr Kenyatta are Treasury permanent secretary Joseph Kinyua, Attorney General Amos Wako, and Speaker Kenneth Marende.
Reports by Maureen Ngesa, Alphonce Shiundu, Bernard Namunane and Lilian Onyango
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