Using the Appropriations Act to allocate funds and exclude the Senate from the budget-making process, Senator Okiya Omtatah of Busia has filed a lawsuit, claiming that the process is invalid if its input is not taken into consideration.
Section 39(1) of the Public Finance Management Act (PFMA), which establishes June 30 as the deadline for the annual Appropriations Bill and any other pertinent bills, necessary to implement the budget to be approved, is unconstitutional, according to Mr. Omtatah's petition to the High Court.
He maintained that the National Assembly has long disregarded the Senate's contribution to the legislative process, despite the fact that the Senate's participation guarantees that all areas and interests are represented .
In the petition, he stated that although the budget estimates and the Appropriations Bill are proposed in the National Assembly, they must also be studied, discussed, and approved by the Senate before the President signs the Bill into law.
Judge Lawrence Mugambi ordered him to serve the respondents with the court documents within three days after certifying the case as urgent. The judge ordered that the case be discussed for instructions on July 11.
Mr. Omtatah contended that the devolution and bicameralism constitutional principles—which are intended to guarantee inclusive and thorough legislative processes—are compromised by the Senate's exclusion.
He claimed that the National Assembly is ignoring the Senate's vital role by avoiding it.
As a result, it is essential that the Senate get both the estimates and the Appropriations Bill so that both Houses of Parliament can provide a thorough analysis and comment.
Following demonstrations by Kenyans in at least 35 counties, President William Ruto has since declined to sign the Finance Bill, 2024 and returned it to Parliament.
The National Assembly's Speaker, Moses Wetang'ula, clarified on Monday that President Ruto's Memorandum essentially rejects the Bill in its entirety.
According to Mr. Wetang'ula, if the National Assembly approves the President's objections and recommendations, the entire Bill will be lost.
"Any Member desiring to override the President's veto or reservations, or to bring back any of the Bill's sixty-nine (69) clauses