CIC writes to Uhuru over delay in submission of budget estimates

By Lucianne Limo

The Commission for the Implementation of the Constitution (CIC) has written to Finance Minister Uhuru Kenyatta raising concern over his delay in submitting of budgetary estimates to parliament.

The CIC Chairman Charles Nyachae on Friday said Treasury should have submitted the revenue estimates and proposals for government expenditure two months ago, that is end of April before the expiry of the current financial year in June 2011.

He said the delay by the minister is in breach of Article 221 (1) of the constitution.

"On account of the Ministry’s earlier representations that the Budget shall be read on June 8, it follows that these estimates ought to have reached parliament latest by April 8", Nyachae told the press at his Delta house office.

Treasury and the parliamentary Budget Committee have locked horns as to how the next budget ought to be presented with treasury insisting on following old procedure where Finance Minister prepares both the budget estimates and the Finance Bill and defends it in parliament.

The Parliamentary committee on the other hand wants treasury to follow the new constitution that budgetary estimates be presented in parliament two months before the end of the current financial year.

Nyachae, however, said although treasury has informed the commission that they intend to submit the estimates by May 30, he added this would still be a breach of the constitution as the said date was ‘extended’ by the parliamentary committee and not provided for in the constitution.

"The view of the commission is that no organ has the power to extend constitutional timeliness," he added.

He, however, asked Uhuru to expeditiously redress the constitutional violation so as not to impede the implementation process.

He said it is in the latter and spirit of the constitution that members of public participate in budget formulation process.