Orange Democratic Movement Chairman John Mbadi has termed the debate on the Finance Bill, 2023 and the Wednesday vote taken as illegal as it violated the Public Finance Management Act, 2012.
Speaking at Parliament buildings on Friday, Mr Mbadi said the Bill which is set for Third Reading next week, was not properly introduced in the House as contemplated in the PFM Act, 2012 and the Standing Orders.
Mr Mbadi said the controversial Bill contravenes the amended PFM Act section 40 and the Standing Orders 244 (c) (4) that requires the National Treasury Cabinet Secretary to table the proposed legislation after the budget highlights, speech.
“On the same date that the budget policy highlights and revenue-raising measures are pronounced, the Cabinet Secretary shall submit to Parliament the Finance Bill, setting out the revenue-raisin measures for the national government, together with a policy statement expounding on those measures,” reads Section 40 (3) of the PFM Act.
“Following the submission of the Finance Bill by the Cabinet Secretary, the relevant committee of the National Assembly shall introduce the Bill in the National Assembly, together with the report of the committee on the Bill,” reads section 40 (4) of the Act.
Mr Mbadi says the Bill should be introduced afresh next week for debate in compliance with parliamentary procedures.
Mbadi calls for fresh debate on Finance Bill
Standing Orders 244 (C) (4) stipulates that “On the same date that the budget policy highlights and revenue-raising measures are pronounced, the Cabinet Secretary shall submit to the National Assembly a legislative proposal, setting out the revenue-raising measures for the national government, together with a policy statement expounding on those measures."
“What was being voted for on Wednesday has another name and not Finance Bill, probably it was a Kenya Kwanza policy paper,” Mr Mbadi said.
He indicted the House Business Committee (HBC) chaired by speaker Moses Wetang’ula for subjecting the country to unnecessary drama on Wednesday as MPs voted for the Bill in the Second Reading, adopting the proposed changes by the Finance and Planning committee.
“The whole HBC stands indicted on this matter for approving an illegality, maybe there was negligence on their part but it must be pointed out that they subjected the country to unnecessary circus and drama on Wednesday,” Mr Mbadi said.
He has also lashed at his Minority leadership colleagues who sit in the HBC for failing to call out the breach and now wants the membership reconstituted.
Mr Mbadi singled out Jubilee Party MP Adan Keynan who has since shifted his allegiance to the government side but still represents Azimio in the powerful committee that sets the agenda of the House.
"What are the likes of Keynan who have since moved to Kenya Kwanza still in HBC representing Azimio? We must now rearrange our membership in the HBC and appoint experienced members," said the Suba South MP.
On Wednesday, Rarieda MP Otiende Amollo had brought to the attention of the speaker the breach of the Standing Orders on the Finance Bill, but Mr Wetang’ula dismissed him saying the court had already ruled on the matter hence Parliament was within the law in considering the Bill before the budget highlights.
Mr Amollo sought guidance from the Speaker, citing both the PFM Act and the Standing Orders, as he questioned the legality of the proposed law in the House.
In his response, Wetang’ula even extended an olive branch to the Senior Counsel, urging him to consult him further in his chambers.
In the last budget, the finance Bill was tabled after the budget pronouncements by former CS Ukur Yatani.
