Parliament in session.
Members of Parliament are faced with a tough balancing act in consideration of the budget cuts to various government agencies as part of the austerity measures announced by President William Ruto.
Faced with a hostile and restless young population that has been staging anti-government protests and government agencies that have warned of dire legal consequences if some of the cuts are effected, the lawmakers find themselves with hard decisions to make.
The Budget and Appropriation Committee chaired by Kiharu MP Ndindi Nyoro is expected to table a report on the Supplementary 1 Estimates on or before Wednesday, July 2024. Presentations made by various agencies to the committee paint a grim picture of what lies ahead if the changes are adopted by Parliament.
Some agencies told MPs that there are already running contracts to which the government had committed itself and stopping them now would attract serious legal consequences that would end up being costly to the government.
The education committee had on Wednesday, July 17, expressed concern that if the teachers’ employer, the Teachers Service Commission (TSC) reneged on the Collective Bargaining agreement it signed with the unions, then it risk facing legal consequences.
In addition, the teachers’ medical contract which is a three-year framework now in the second year of implementation also risks grinding to a halt by December 1, 2024, a move that will further expose the government to legal suits.
The committee chairperson Julius Melly faulted the National Treasury over the cuts saying they are setting up the government against the people.
“You cannot set the government against the people, Gen Z are on the streets now, and you want their parents to join them the next day over the failed implementation of CBA? Posed Mr Melly.
IEBC on Wednesday, July 17, told MPs that their assets were now at risk of being auctioned since the commission is not able to give awards amounting to Sh401,778,417 due to lack of budgetary provision.
Mr Nyoro on Friday, July 19, warned that the country should brace for more budget cuts saying the committee has scheduled a meeting this weekend to identify more areas where the cuts will be directed.
Further cuts
“Our work is to identify areas for further cuts and direct that money to development areas that can be felt by the people. We have another consultation meeting with the treasury this weekend for more cuts. The cuts done were not enough,” Mr Nyoro said.
Kitui Central MP Makali Mulu urged all the agencies to understand that everybody has been affected by the cuts and that some of the plans should be put on hold as the country navigates the current financial situation.
“It is a tough balancing act and dilemma but if we can just hold some things which are essential for one year as we try to find our footing as a country, then it is possible to finance the budget,” Dr Mulu
On Friday, July 19, chairpersons of the various departmental committees appealed to the budget team to reinstate millions of shillings that were cut to the various government agencies.
Chairman Justice and Legal Affairs Committee Gitonga Murugara called for the reinstatement of Sh100 million to IEBC to be used to pay the Postal Corporation of Kenya which is owed by the Commission Sh399 million.
“Even in the forthcoming by-election, the commission will need Posta to transport materials
The committee also wants the commission to be given Sh50 million to enable it to meet its statutory contractual obligations such as maintenance of the KIEMS Kits and the renewal of ICT Licenses which are crucial for the registration of voters and conduct of By-elections.
Sabotage IEBC
“You can imagine if information leaks out there that IEBC is not able to renew its license, it will be said they have started to sabotage the commission,” Mr Murugara said.
The electoral agency had warned that without renewal of the KIEMS Kits contract, they will not be able to do voter registration and education.
The committee also wants the Judiciary to be given back Sh381 million meant to support the Ajira programme where 1,000 recruits will be engaged under long-term contracts to support the Judiciary digitisation programme.
“This will create job opportunities for the youth who will be undertaking transcription of court proceedings for the Judiciary,” Mr Murugara said.
“We don’t want more problems with our young people, if this allocation is removed, then it means they will go home,” he added.
It also wants an additional allocation of Sh20.4 million for the Office of the Registrar of Political Parties to enable it to meet its contractual obligation on staff medical insurance.
The committee also wants the Office of the Director of Public Prosecution to be allocated Sh20 million for the Office to implement the Uadilifu Case Management System-ODPP.
EACC Headquarters
It also wants Sh30 million to be given to the Ethics and Anti-Corruption Commission for the ongoing refurbishment of its EACC Headquarters.
Mr Murugara warned that if the allocation is not given, there is a likelihood of project stalling and a possibility of litigation and escalation of costs.
The Kenya School of Law whose budget was entirely scrapped has also been proposed to be allocated Sh100 million.
The committee also wants the State Department for Correctional Services to be given Sh1.2 billion to facilitate the recruitment of additional 3000 prison officers. The decision has been informed by the increasing number of inmates which is currently averaging at 63,000 as well as natural attritions.
Kibwezi West MP Mwengi Mutuse warned the committee of legal consequences if some of the monies are not given to the agencies.
“Where you have running contracts and the budget has been completely cut, people will go to court and the government will be forced to pay the amount plus interest. This will be expensive for the government in the long run,” Mr Mutuse said.
Chairman Lands Committee Joash Nyamoko also pleaded with the committee to consider reinstating some of the cut budgets to the Ministry of Lands and NLC saying the two are revenue generators for the government.
Mr Nyamoko warned that the proposed budget cuts in NLC development expenditure in the supplementary estimates may lead to serious legal suits and more pending bills.
The Land committee noted that the 100 percent budget cut on NLC development expenditure of Sh147.8 million in this financial year will greatly affect the ongoing contracts amounting to Sh33.2 million and Sh114.3 million that was earmarked for the development of a digital public land inventory database for all public lands.
He also appealed to the committee to reinstate Sh200 million that was meant to settle those who were displaced by El Nino in Tana River County and another Sh250 million for those affected in Mahi Maiu.
“There are times you need to put a human face even when doing budget cuts, these people are still in camps yet only Sh20 million has been given for their resettlement which is not enough,” Mr Nyamoko said.
Defence committee chairperson Nelson Koech said that ambassadors and High Commissioners recently approved by Parliament will not be able to report to their stations since the Ministry FA has no budget for that.
Security chairperson Gabriel Tongoyo said the police risk operating without medical cover. He pleaded with the budget team to find some allocation saying the officers cannot operate without a cover owing to the nature of their job.
