Busia Senator Okiya Omtatah has filed a case to suspend the current public participation process for the Finance Bill 2024.
Together with Dr. Benjamin Magare, Omtatah argues that the National Assembly has prematurely presented the Finance Bill 2024 without Parliament’s prior review and approval of the budget estimates for the 2024/2025 financial year.
They maintain that the Finance Bill 2024 is unlawfully and unconstitutionally premised on the 2024/2025 revenue budget estimates, which were submitted to the National Assembly by the Cabinet Secretary on April 30, 2024.
They are now asking the court to certify the matter as urgent, arguing that without judicial intervention, there will be no adequate remedy.
“The petitioners are aggrieved that, contrary to the procedure laid out in the constitution, the National Assembly is considering the Finance Bill 2024 before it considers and approves the Appropriations Act, 2024,” the court papers read.
They say that this action violates Section 39 (4)(a) of the Public Finance Management Act, which mandates the National Assembly to ensure that the total revenue raised aligns with approved fiscal framework.
They further contend that the National Assembly’s move to pass the Finance Bill 2024 before enacting the Appropriations Act 2024 is a blatant scheme of fraud and budgeted corruption, aimed at deceiving Kenyan taxpayers by collecting unbudgeted revenue to fund unapproved expenditures.
