Busia Senator Okiya Omtatah has been accused of spreading misinformation regarding the submission, tabling, and consideration of the Finance Bill, 2024.

In a statement on Thursday, Laikipia Woman Representative Jane Kagiri termed as misleading, Omtatah's claim that the Bill was prematurely introduced in the National Assembly, contrary to established procedures, and before the approval of the Budget Estimates for FY 2024/2025 and the passage of the Appropriation Bill.

Kagiri pointed out that the timelines for introducing a Finance Bill are firmly established in law and are not arbitrary. She cited Article 221 of the Constitution, which mandates the submission of revenue and expenditure estimates to the National Assembly at least two months before the end of each financial year. 

"Contrary to the assertions attributed to the Honourable Senator, the Constitution only ties the introduction and passage of an Appropriation Bill with the approval of estimates of revenue and expenditure."

"Article 221 (1) of the Constitution requires the Cabinet Secretary responsible for finance to 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 at least two months before the end of each financial year," said Kagiri. 

She highlighted that the Finance Bill must be passed by June 30th each year, as per the Public Finance Management Act, and emphasized that the timing of its submission is defined by law.

The MP pointed out that the practice of submitting the Finance Bill changed significantly after Senator Omtatah successfully challenged its constitutionality in 2018. 

She referenced the court's decision, which required the Cabinet Secretary for Finance to submit the Finance Bill on or before April 30th of each financial year.

"Ironically, before 2018, the Cabinet Secretary responsible for finance would submit a Finance Bill after the passage of the Budget Estimates and on the same day that he or she made a Budget Speech in Parliament. This practice changed significantly when the Honourable Senator Omtatah challenged the constitutionality of the Provisional Collection of Taxes and Duties Act, Cap. 415 in Okiya Omtatah Okoiti v Cabinet Secretary, National Treasury & 3 others [2018] eKLR. Part of the arguments made in the challenge included a contention that the Finance Bill, 2018 should have been presented to the National Assembly on or before 30th April."

"In the ensuing judgment,the High Court strictly required the Cabinet Secretary to submit the Finance Bill on or before 30th April every financial year."

Contrary to Senator Omtatah's assertions, Kagiri stated that the Finance Bill 2024 was submitted on April 30th in strict compliance with legal requirements and court guidance. She further noted that the Bill is currently undergoing public participation and has not yet been enacted by the National Assembly.

Omtatah moved to court on Wednesday seeking to stop the ongoing public participation on the Finance Bill 2024.