Speaker rebukes Uhuru but lets him read Budget

By Alex Ndegwa
The fanfare and ceremony that accompanies presentation of the Government’s financial statement in Parliament is history.
House Speaker Kenneth Marende dropped the bombshell on Finance Minister Uhuru Kenyatta on Tuesday, even as he ruled the Deputy Prime Minister flouted the Constitution by failing to present the Budget estimates to the relevant committee of Parliament for scrutiny, within the period stipulated by law.
Last week in a press statement from State House, the Government attempted to pre-empt the Speaker’s ruling by clearing Uhuru to proceed with the monologue of Budget reading.
And although Uhuru can go ahead and pose for cameras with the Budget briefcase as he leaves Treasury Building today for Parliament, there will be no red carpet treatment for him in the House, which will be just another normal working day for MPs.
The Standard also learnt no special invitations to diplomats and other "special guests" to attend Parliament today were sent out, meaning the usual colour provided by mainstream and traditional religious leaders in ceremonial garb will be absent.Instead, the Gatundu South MP will have to wait until after question time to present a ministerial statement to the House outlining the various taxation proposals and other measures he intends to use to finance the Government’s Sh1.155 trillion Budget, the biggest in history, after which he will table the documents.
The Budget Committee will then have 21 days within which to organise for the public to give their views on the proposals. To forestall a financial crisis that could stall Government operations (any public spending must be approved by the House), Uhuru will have the leeway to request permission to dip into the Consolidated Fund while waiting for the Budget approval.
Speaker Marende ruled the Constitution is supreme and in force, and dismissed Uhuru’s argument last week that the new laws only count after the next General Election. The House Speaker also chastised the Finance minister for discussing matters pending before Parliament outside the House.
"It is unprogressive, I must say, for the Deputy Prime Minister and Minister for Finance to seek to speak to, among others his colleagues, let alone Kenyans, on a matter pending before Parliament away from the House. I would urge all ministers to use the opportunity afforded by this House to inform members and the public at large of the management, activities and operations of their ministries rather than doing so through press conferences and other unhelpful fora," said Marende.
Constitutional deadlinesHe also trashed the notion put forward by Uhuru that he had done his best to meet the requirements of the new laws halfway, saying the Treasury was fully aware of the timelines in Article 221 of the Constitution when it sent a circular to ministries on March 17, which clearly stated it was
"It should be quite clear that no person or organ has the authority to enlarge constitutional deadlines and any such purported extension is a nullity in law, for all purposes. It must similarly be hoped that this will not recur," said Marende.He noted: "Chapter 12, in particular Article 221 of the Constitution is in force and applicable, and has not been suspended."
The new Constitution requires the Finance minister to present the Budget estimates to the Budget Committee at least two months before June 30, which is the end of the Government financial year.
Uhuru will have an opportunity at 3.30pm to give his ministerial statement, and going by Parliament’s normal schedule, this will be after question time, which normally is Prime Minister’s Time on Wednesday – a break from tradition since Independence when the Budget speech was the only order of business.
The Marende ruling followed Gichugu MP Martha Karua’s petition that the Deputy PM be blocked from the oral presentation since the provisions of the new Constitution were effective.
"This provision must take precedent over legislation. Parliament passes legislation to give further effect to provisions of the Constitution not to contradict or take away what the constitution has accorded," the Speaker noted.
Marende directed the Budget committee to move with speed to hear the public in a "structured manner" on the issues "they think the budget had not adequately taken care of".
He instructed the other departmental committees, which will review budgets for Parliament and the Judiciary to urgently convene and allow the public into their review meetings. Justice minister Mutula Kilonzo presented the Judiciary’s estimates on Tuesday.
The Parliamentary Service Commission vice-chairman Walter Nyambati tabled Parliament’s budget last month.
Under the new Constitution, the three arms of Government draw up their budgets separately and submit them to Parliament to uphold the doctrine of separation of powers.
On Tuesday Marende acknowledged although the provisions of the new charter on public finance were effective he could not in the transitional period bar minister(s) who are members of the House from making statements.
Transitional period"This House is in charge of its own affairs, so long as the Constitution and the laws are not broken in letter and in spirit, and so long as the Standing Orders of the House are observed, it is not the place of the Chair to prevent the Finance minister or any other member from making a statement to this House," Marende said.
The Speaker then gave a roadmap to guide Budget- making in the transitional period, and during the next Parliament, when the reading of the Budget will cease since Cabinet secretaries will not be members of the House.
He observed the Budget process commences with presentation of the Budget policy statement, which was adopted by the House last month.
Submission of the estimates to the National Assembly follows after which they are committed to the relevant committee of the House for review.
During the transition period, while the Minister of Finance is a member of the House, Marende noted, he may present his financial statement to the House, and upon conclusion lay the necessary documents in the House for review.
He added the Budget committee is expected to submit its report on the estimates to the House for debate and adoption before the House proceeds to the Committee of Supply.
Given that ministers are still members of the House, Marende directed they move their votes during the transition period.
However, in the next Parliament, depending on amendments made to the law and Standing orders, this responsibility could fall on either the chairpersons of committees or members designated by the leaders of the House.
The approval of the estimates will then pave the way for the introduction of the Appropriations Bill.