Busia Senator Okiya Omtatah has filed a court petition to halt the ongoing public participation on the Finance Bill 2024.
Alongside Dr. Benjamin Magare, Omtatah contends that the National Assembly has prematurely tabled the Finance Bill 2024 before Parliament has considered and approved the budget estimates for the Fiscal Year 2024/2025.
Omtatah and Magare assert that it is unlawful and unconstitutional for the Finance Bill 2024 to be based on the FY 2024/2025 budget estimates, which were submitted to the National Assembly on April 30, 2024, by the Cabinet Secretary.
They are urging the court to treat the matter as urgent, emphasizing that judicial intervention is crucial.
“The petitioners are aggrieved that, contrary to the procedure laid out in the constitution, the National Assembly is considering the Finance Bill 2024 before it considers and approves the Appropriations Act, 2024,” states the court documents.
They further argue that this action violates Section 39 (4)(a) of the Public Finance Management Act, which mandates that the National Assembly must ensure the total revenue raised aligns with the approved fiscal framework.
Omtatah and Magare suspect that the National Assembly’s move to enact the Finance Act 2024 before passing the Appropriations Act 2024 is a deliberate scheme to defraud Kenyan taxpayers by collecting unbudgeted revenue for unplanned expenditures.
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