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Busia Senator Okiya Omtatah now wants the 2024/25 Budget and the Appropriation Bill, 2024 considered and approved by the Senate.

He says failing to involve the Senate in the budget-making process will be in violation of the constitution simply because parliament is expressly required by constitutional edict to participate in the allocation of funds to constitutional and independent bodies.

“Article 249(3) of the Constitution states categorically in mandatory terms that Parliament (that is, both the National Assembly and the Senate) shall allocate adequate funds to enable each commission and independent office to perform its functions and the budget of each commission and independent office shall be a separate vote,” reads a statement to the Speakers of the National Assembly and the Senate.

He argues; “Further, Article 254 of the Constitution categorically requires commissions and independent offices to report to Parliament (both Houses) for accountability.”

Involve Senate

According to Omtata, in line with Articles 96(1) & (2) and 110 of the Constitution, the Senate must be involved in the allocation of funds to these entities, as the constitutional commissions, independent offices, the Parliamentary Joint Services, and the Senate affect counties and their governments.

Article 96(2) provides that “The Senate participates in the law-making function of Parliament by considering, debating and approving Bills concerning counties, as provided in Articles 109 to 113. “And Article 110(1) (a) defines “a Bill concerning county government” as “a Bill containing provisions affecting the functions and powers of the county governments set out in the Fourth Schedule.”

Article 109(2), (3) & (4) of the Constitution provide that “A Bill not concerning county government is considered only in the National Assembly,” while that concerning county governments may be introduced in either chamber and is considered by both Houses of Parliament.

He says in the letter that he is concerned that, the Speaker of the Senate is not taking any steps to break with the unacceptable practice where, in contemptuous violation of the constitution, the National Assembly has since the advent of devolution in the year 2013, passed an unconstitutional budget because it excludes the Senate from the consideration, debate and approval of the annual budget estimates and the enactment of the Appropriation Act.