NAIROBI, Kenya – The National Treasury is facing sharp criticism from Members of Parliament after admitting to withdrawing Sh40 billion from public coffers without prior approval from Parliament.
Legislators have condemned the move as illegal and a blatant violation of fiscal discipline.
During a heated session before the National Assembly’s Finance and National Planning Committee, Treasury Principal Secretary Chris Kiptoo revealed that various government agencies had sought over Sh900 billion for expenditure in the 2024/25 financial year—without parliamentary approval.
In response, Treasury Cabinet Secretary John Mbadi authorized the release of Sh88.2 billion, with Sh40 billion already spent.
Lawmakers expressed outrage over what they termed as a continued disregard for constitutional budgetary procedures.
Committee Chairman Kimani Kuria and members Benjamin Lang’at, John Ariko, and Joseph Makilap grilled Treasury officials over the unapproved expenditure.
“Could you provide evidence that the approval of Parliament was sought before the expenditures of the amounts were made?” Kuria challenged Kiptoo.
The lawmakers argued that bypassing Parliament in such significant financial decisions sets a dangerous precedent, eroding fiscal oversight.
Makilap was particularly scathing in his critique, accusing the Treasury of misusing constitutional provisions to justify unauthorized spending.
“We are using Article 223 to run the budget of the country,” he remarked, warning that the practice undermines accountability.
Treasury officials defended their actions, citing Article 223 of the Constitution, which permits the government to withdraw funds under special circumstances—such as emergencies—before seeking parliamentary approval within two months.
If Parliament is not in session, approval must be sought within two weeks of its next sitting.
But MPs pushed back, arguing that the provision was being exploited to sidestep normal budgetary processes.
“You must budget adequately; otherwise, it will be difficult to control other government agencies on the usage of public funds under Article 223,” Butula MP Joseph Oyula cautioned.
Ariko also insisted that non-emergency expenditures should not be funded under this constitutional loophole, warning against the misuse of public resources.
The revelation has reignited concerns over the government’s financial management, with MPs calling for tighter controls to prevent further abuse of public funds.
The National Treasury now faces mounting pressure to explain its spending practices and reassure lawmakers that it is not systematically bypassing legislative oversight.
