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When does this Government propose to start working without engaging in these children stories?

From my understanding of the story in the press, does the Controller of Budget, Dr. Margaret Nyakang’o not say somewhere that the withdrawal for the payment of 16 billion Kenya Shillings paid without Parliamentary approval, was made under article 223 (2) of the Constitution? If so, that provision allows spending by the national Government of money that has not been appropriated, but on three conditions (1) the amount appropriated was insufficient or there was no amount appropriated, (2) money had been withdrawn from the Contingencies Fund (created under article 208) and (3) approval of Parliament is sought within 2 months of the first withdrawal or if Parliament is not sitting or is sitting but adjourns before the approval is sought, within 2 weeks of when it next sits.

For the part on seeking of approval, I imagine Dr. Nyakang’o would ask for a draft resolution that would be presented in Parliament within the time stipulated in article 223 of the Constitution. What I am not hearing from Dr. Nyakang’o is whether this money was withdrawn from the Contingencies Fund, for which article 223 (2) of the Constitution, that she has mentioned, relates. It seems, from the Press story and available documents like the letter Dr. Nyakang’o wrote to the Principal Secretary in the Treasury, that the money was withdrawn from either “the Annuity Fund” or “the Exchequer Account”, which, and I stand corrected, article 223 (2) of the Constitution does not seem to relate to. So did Dr. Nyakang’o, in line with her duties under article 228 (5) of the Constitution ensure that the three conditions in article 223 (1) as read with article 223 (2) and (3) and sections 19, 20, 21, 22 and 23 of the Public Finance Management Act, 2012 were complied with? Is Annuity Fund and/or the Exchequer Account the same thing as Contingencies Fund and can money be withdrawn without Parliamentary approval from any other Fund apart from the Contingency Fund? Most importantly, did she seek the legal opinion of either the Attorney-General or any other lawyer, for that matter, before releasing Kes.16 billion in doubtful and dubious circumstances? Should she REALLY be blaming anyone else for this?

When the current Government tries to pin all its problems on the previous regime, is it ever going to solve the problems that are facing Kenya NOW? If Dr. Nyakang’o broke the law, shouldn’t she face the law, and what is THIS Government doing to ensure that she faces the law or is the current Government just chirping about the previous regime? The buck, under article 228 (5) of the Constitution, stops with Dr. Nyakang’o and no one else.

Watu wa-anze kazi wawache hizi narrative za watoto.