The Treasury is on the spot for withdrawing and spending money from the Consolidated Fund—the government main account-- without seeking parliamentary approval within two months as required by the Constitution.
Garissa Township MP Aden Duale drew the attention of the House to a number of withdrawals made in September and October and sought approval through the supplementary budget tabled in February.
The Constitution requires the Treasury to table a mini-budget two months after withdrawing funds from the Consolidated Fund without MPs approval.
If the House is in recess, the Supreme law stipulates that the supplementary budget should be tabled and regularised at least two weeks after Parliament reconvenes.
Article 223 of the Constitution provides the leeway for the national government to spend monies that have not been appropriated by Parliament if the amount appropriated for any purpose under the Appropriation Act is insufficient or a need has arisen for expenditure for a purpose for which no amount has been appropriated or money has been withdrawn from the Contingencies Fund.
Mr Duale said Sh2 billion was disbursed out of the Consolidated Fund to the Ministry of Defence on September 9, 2021 for security operations.
A further Sh2 billion was withdrawn and disbursed to the same ministry two months later.