Busia Senator Okiya Omtatah has taken legal action against the Speakers of the National Assembly and Senate, accusing them of bypassing the Senate in the crucial budget-making process.

Omtatah, a seasoned advocate for Kenyan rights through the courts, has filed a suit against Speaker Moses Wetang’ula and Senate Speaker Amason Kingi.

He argues that the exclusion of the Senate contravenes the clear stipulations of the Constitution.

Omtatah's legal challenge centres on the failure to include the Senate in the discussions, debate, and approval of the national budget estimates for the Financial Year 2024/2025, as well as in the passage of the Appropriation Act, 2024.

Upon receiving the petition, Justice Lawrence Mugambi acknowledged its urgency and directed the two speakers to submit their responses within three days.

The Senate, which is the upper house, plays a pivotal role in the allocation of national revenue among counties and overseeing the financial operations of county governments.

According to the Constitution, the Senate must pass a resolution determining the basis for revenue allocation, considering inputs from the Commission on Revenue Allocation (CRA), the Council of Governors (COG), the Intergovernmental Budget and Economic Council (IBEC), the National Treasury, and public consultations.

The Public Finance Management Act (PFMA) further outlines the Senate Finance and Budget Committee's responsibilities.

This includes presenting revenue allocation proposals, reviewing budgetary bills related to counties, examining financial statements, and recommending improvements in public finance management.

Once the Senate adopts the committee's resolutions, they are submitted to the Speaker of the National Assembly, who then tables them for approval or rejection.

This lawsuit emerges amidst a backdrop of heightened fiscal tension in the country.

On Friday, President William Ruto instructed the National Treasury to identify substantial budget cuts amounting to Ksh346 billion. This directive followed the contentious Finance Bill 2024, which aimed to increase government revenue but faced significant opposition.

Senator Omtatah's legal challenge points to a broader debate about the roles and responsibilities of Kenya's legislative bodies in budget formulation. By sidelining the Senate, Omtatah argues, the current process undermines constitutional mandates and the principles of equitable revenue distribution among counties.

The case is set to be mentioned on July 11.