Court Throws Out Budget Case

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The Nation (Nairobi)

Jillo Kadida

7 June 2011


Nairobi — The fate of the 2011/2012 Budget rests with House Speaker Kenneth Marende after the High Court dismissed a case seeking to block its presentation.

Justice Jeanne Gacheche gave Finance minister Uhuru Kenyatta the go ahead to read the budget Wednesday after dismissing the application as “premature”.

The case was filed by Mr Ndung’u Wainaina of the International Centre for Policy and Conflict, who accused Mr Kenyatta of breaching the Constitution by failing to submit the estimates to Parliament 60 days to the end of the financial year.

The petition could have ground government operations if the High Court had ruled in Mr Wainaina’s favour.

The financial year ends on June 30.

Mr Wainaina sued as a taxpayer and based his argument on Article 221 of the new Constitution:

“At least two months before the end of each financial year, the Cabinet Secretary responsible for finance shall submit to the National Assembly estimates of the revenue and expenditure of the national government for the next financial year to be tabled in the National Assembly.”

Mr Marende is due to rule on the matter later Tuesday.

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Court Throws Out Budget Case