A file photo of speakers Moses Wetangula and Amason Kingi and deputy speaker Shollei.
.Busia Senator Okiya Omtatah has initiated legal proceedings against the Speakers of the National Assembly and Senate, accusing them of bypassing the Senate in the critical budget-making process.
Omtatah, known for his staunch advocacy for Kenyan rights through the courts, has filed a lawsuit against National Assembly Speaker Moses Wetang’ula and Senate Speaker Amason Kingi. He contends that excluding the Senate from the budget discussions violates constitutional provisions.
The legal challenge revolves around the omission of the Senate in the deliberations, debate, and approval of the national budget estimates for the Financial Year 2024/2025, and the passage of the Appropriation Act, 2024.
Upon reviewing the petition, Justice Lawrence Mugambi recognized its urgency and directed the two speakers to respond within three days.
The Senate, as the upper house, has a crucial role in the allocation of national revenue among counties and in overseeing the financial operations of county governments.
According to the Constitution, the Senate must pass a resolution determining the basis for revenue allocation, considering inputs from the Commission on Revenue Allocation (CRA), the Council of Governors (COG), the Intergovernmental Budget and Economic Council (IBEC), the National Treasury, and public consultations.
The Public Finance Management Act (PFMA) further details the responsibilities of the Senate Finance and Budget Committee. These include presenting revenue allocation proposals, reviewing budgetary bills related to counties, examining financial statements, and recommending improvements in public finance management.
Once the Senate adopts the committee's resolutions, they are submitted to the Speaker of the National Assembly for approval or rejection.
This lawsuit arises amid heightened fiscal tension in the country. On Friday, President William Ruto instructed the National Treasury to identify substantial budget cuts amounting to Ksh346 billion. This directive followed the contentious Finance Bill 2024, which aimed to increase government revenue but faced significant opposition.