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Busia Senator Okiya Omtatah has written to speakers of both houses demanding the involvement of senators in consideration, debating and approving of the annual budget estimates and the enactment of the Appropriation Act.

In a letter dated Friday, June 21, 2024, Omtatah informed Senate Speaker Amason Kingi and his National Assembly counterpart Moses Wetang’ula that exclusion of Senators from that process is a blatant disregard of the constitution.

“I am concerned that yet again, you are not taking any steps to break with the unacceptable practice where, in contemptuous violation of Articles 249(3), as read together with Articles 93, 96(1) & (2), 109(2), (3), (4) & (5), 221, and 254 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,” Omtatah’s letter read in part.

In his letter to the speakers, Omtatah quoted Article 249(3) of the Constitution where he argued that it mandates the parliament (referring to both the Senate and National Assembly) to allocate adequate funds to relevant commissions and independent offices to help them execute their mandates.

He further explained that both houses are required to hold the commissions and the independent offices accountable for their expenditures. The renowned activist pegged his argument on Article 254 of the Constitution.

“Hence, by dint of Articles 249(3) and 254 of the Constitution, both Houses of Parliament must be involved in the consideration and approval of the FY2024/2025 budget estimates and the Appropriation Bill, 2024,” Omtatah stated.

“Also, in line with Article 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,” he added.

Exclusion of senators

Omtatah told both Speakers that there is no provision in the constitution which secludes them from taking part in considering the budget estimates presented in the National Assembly by Treasury Cabinet Secretary Njuguna Ndung’u.

He made it clear that the fact that the money bill was introduced in the National Assembly, it should not be interpreted to mean that only MPs have the powers to consider and debate on it.

“The references in Article 221 of the Constitution to the National Assembly only does not exclude the Senate from considering the budget estimates and the Appropriation Bill. It only underscores the constitutional provision that the House in which a Bill is introduced is the one that concludes the consideration and forwards the approved Bill to the President for assent.”

Omtatah thus implored the two speakers to make arrangements for the budget estimates to be transmitted to the Senate for their consideration.

“In view of the above, and given the tight timelines involved, I demand that you make arrangements for the National Assembly to immediately transmit the FY2024/2025 Budget Estimates and the Appropriation Bill, 2024, to the Senate for consideration. debate, and approval as required by the Constitution,” the senator said.

“Failure to do this will result in my having to prosecute you both for dereliction of the duty to respect, uphold and defend the Constitution, including under Article 110(3) where you are expressly required to resolve any question as to whether a Bill should be considered by both.”

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