Government sued over passing of Appropriation Bill 2019


Government sued over passing of Appropriation Bill 2019
President Uhuru Kenyatta signs into law the Supplementary Appropriation Bill on June 18, 2019. PHOTO | PSCU

In Summary

  • In a petition by National Coordinator of the Institute for Social Accountability –TISA, Wanjiru Gikonyo wants Treasury CS and Controller of Budget or any other state organ charged with the implementation of the Appropriation Act 2019 restrained  from taking action under the Act saying that it is illegal.
  • “The passage and Assent of the Appropriation Bill 2019 without the incorporation and inclusion of the Division of the Revenue Bill 2019 is illegal and unconstitutional since the process are to be conducted within the same time frame,”reads the paper.

The government has been taken to court over the passing of the Appropriation Bill 2019 without incorporation of Division of Revenue Bill.

The Bill that was signed into law by President Uhuru Kenyatta mandates the National Treasury to release Ksh.161 Billion from the Consolidated Fund to various Government departments

In a petition, The Institute for Social Accountability (TISA) National Coordinator Wanjiru Gikonyo wants the Treasury CS and Controller of Budget or any other state organ charged with implementation of the Appropriation Act 2019 restrained from taking action under the Act arguing that it is illegal.

Gikonyo said the Division of Revenue Bill that dictates sharing of revenue raised nationally between the two levels of government was yet to be agreed on and duly passed by the two houses of parliament.

She added that the Division of Revenue Bill is the foundation upon which budgeting process, including expenditure of public funds is premised.

“The passage and Assent of the Appropriation Bill 2019 without the incorporation and inclusion of the Division of the Revenue Bill 2019 is illegal and unconstitutional since the process are to be conducted within the same time frame,”reads the paper.

The Attorney General has been named as a respondent in the case together with the Council of Governors, Commission for Revenue Allocation, Kenya Human Rights Commission, and Africa Center for Open Governance and Transparency International Kenya listed as interested parties in the case.

The Appropriation Bill mandates the National Treasury to release Ksh.161 billion from the Consolidated Fund to various Government departments.

 

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Story By Dzuya Walter
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