Senator Okiya Omtatah Sues Speakers Wetangula and Kingi
Busia Senator Okiya Omtatah has filed a lawsuit against the Speakers of the National Assembly and Senate, alleging that they excluded the Senate from the crucial budget-making process.
Omtatah, a prominent Kenyan rights advocate and lawyer, has taken legal action against Speaker Moses Wetang’ula and Senate Speaker Amason Kingi.
He contends that bypassing the Senate violates the clear provisions of the Constitution.
Omtatah’s legal challenge focuses on the Senate’s exclusion from discussions, debates, and approvals concerning the national budget estimates for the Financial Year 2024/2025, as well as the passage of the Appropriation Act, 2024.
Justice Lawrence Mugambi, upon receiving the petition, acknowledged its urgency and instructed the two speakers to respond within three days.
According to the Constitution, the Senate must pass a resolution determining the basis for revenue allocation, considering inputs from bodies like the Commission on Revenue Allocation (CRA), the Council of Governors (COG), the Intergovernmental Budget and Economic Council (IBEC), the National Treasury, and public consultations.
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The Public Finance Management Act (PFMA) outlines the Senate Finance and Budget Committee’s duties, which include proposing revenue allocations, scrutinizing budget bills related to counties, reviewing financial statements, and recommending improvements in public finance management.
After the Senate adopts the committee’s resolutions, they are forwarded to the Speaker of the National Assembly for approval or rejection.
This legal action comes amidst heightened fiscal tensions in Kenya.
President William Ruto recently directed the National Treasury to identify significant budget cuts amounting to Ksh346 billion. This directive followed controversy over the Finance Bill 2024, aimed at boosting government revenue but facing substantial opposition.
Senator Omtatah’s lawsuit underscores a broader debate on the roles and responsibilities of Kenya’s legislative bodies in budget formulation. He argues that sidelining the Senate undermines constitutional mandates and equitable revenue distribution principles among counties.
The case is scheduled for mention on July 11.
Senator Okiya Omtatah Sues Speakers Wetangula and Kingi