•Duale noted that the Treasury CS has not gotten the nod of the National Assembly in certain pronouncements that he is bound to make on Thursday.
•He faulted Yatani for usurping the role of the Treasury in the making of the budget, a move he says is illegal and against the constitution.
Image: EZEKIEL AMING'A
Former majority leader Aden Duale now says that the 2022/2023 budget is illegal and unconstitutional.
Speaking at parliament buildings on Thursday, Duale said Treasury cabinet secretary Ukur Yatani breached the requisite budget-making processes that should have been undertaken by the National Assembly.
He faulted Yatani for usurping the role of the National Assembly in the making of the budget, a move he says is illegal and against the constitution.
'He kept telling the house that he would bring the regulations on the debts ceiling,as of today, there are no regulations on debts ceiling in the PFM regulations," Duale said.
Duale said it is on record that Yattani was overshooting the 9 trillion debt approved by the National Assembly in 2019.
"What the minister is doing is illegal because the responsibility of the budget-making process lies with the National Assembly," he said.
“For the first time, the minister has usurped that role. National Assembly has been given the powers to make the budget.”
"He is telling Kenyans that he is going to borrow to pay to salaries, debts and many things".
Duale noted that the Treasury CS has not gotten the nod of the National Assembly in certain pronouncements that he is bound to make on Thursday.
"He has not brought estimates of revenue and expenditure to the assembly. He is doing pronouncements without the go-ahead of the National assembly," he said.
Further,the MP noted that the sole responsibility of the budget making lies with the National Assembly.
"The National Assembly and not the National Treasury has the sole constitutional powers to appropriate funds for expenditure by the national government and other national State organs; and exercises oversight over national revenue and its expenditure," the MP said.
Duale said chapter Twelve of the Constitution of Kenya 2010 deals with matters of public finance management.
Constitution of Kenya and the Public Finance Management (PFM) Act, 2012 outlines the role of the National Assembly and the Executive in budget making.
"However, despite the clear demarcations as per the supreme law of the land and the PFM Act, 2012, I am aware of several attempts by the Executive in the last decade to take back the power of the purse from the National Assembly," Duale said.
"The house is losing its powers and from where I sit I will not be listening to this budget."
"I will later move to the Supreme Court of Kenya to seek Constitutional interpretation and clarity on the matter. For today, I will address the illegality from the perspective of the Public Finance Management (PFM) Act 2012 and the Rules of Procedures of the National Assembly (the Standing Orders)."
Duale spoke ahead of the budget reading exercise at the National Assembly where Yatani is set to unveil President Uhuru Kenyatta's last budget in office.