6.1 Introduction To Public Finance Management N Lrgal Framework

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 14

VIRTUS INSTITUTE b) Non-tax revenue; is revenue from government or public undertakings,

CPA SEC. 2 revenue from social services like education, hospitals , revenue from loans
PUBLIC FINANCE AND TAXATION or debt services. It consist of interest receipts, dividends and profits, fiscal
services and others.
CHAPTER ONE
Public expenditure

INTRODUCTION TO PUBLIC FINANCE MANAGEMENT Government of a country has to use its expenditure and revenue programs
to produce desirable effects on national income, production and
Nature and scope of public finance
employment. Public expenditure is used to designate the expenditure of
Public finance entails the financing of state activities hence it discusses the government- central, state and local bodies. It is done under two broad
financial operation of the public treasury. heads: development expenditure and no n development expenditure.

Scope of public finance; deals with the income and expenditure of Plan and Non Plan Expenditure
governments finance hence its scope covers principles underlying the
Non-plan expenditure of central government is divided into revenue and
spending and raising of funds by public authorities.
capital expenditure. Under non-plan revenue expenditure we include
The constituents of public finance are; interest payment, defense expenditure, major subsidies, interest and
other subsidies, debt relief to farmers, postal deficit, police, pensions,
 Public Expenditure other general services, social services, grants to states and union
 Public Revenue territories. Non-plan capital expenses include defense expenses, loan to
 Public Debt PSUs, loans to states and union territories, foreign governments etc.
 Financial Administration.
Plan Expenditure This is to finance the following:
Public revenue i) Central plans such as agriculture, rural development, irrigation and flood
control, energy, industry, and minerals, communication service and
Deals with the sources of public revenue, principles of taxation, effects of technology, environment, social service and others.
taxes on the economy, methods of raising revenue .The various sources of ii) Central assistance for plans of the states and union territories.
tax revenues are;
Revenue and capital expenditure
a)Tax revenue ; these are compulsory payments to government without
Revenue expenditure relates to those, which do not create any addition to
expecting direct return or benefit to taxpayers.
assets, and covers activities of government departments’ services,
subsidiaries and interest charges.

1
Capital expenditure involves that expenditure, which results in creation of money by printing by government or by borrowing from the
assets. Finance ministry is responsible for plan expenditure. This includes central bank.
grants to the state.  Public borrowing, loans from foreign nations etc can be used in the
development of the resources for public sector.
Social Expenditure  Fiscal policy in the developing economy has to operate within the
framework of social, cultural and political conditions which inhibit
Government spends huge amounts for providing benefits such as old age formation and implementation of good economic policies.
pensions, accident benefits free education and medical services. This  In order to reduce inequalities of wealth and distribution, taxation
expenditure on human resources comes under social expenditure. must be progressive and government spending must be welfare-
oriented.
Governments continue to exhibit Significant Progress towards achieving  The hindrances in the effective implementation of fiscal policy in
maximum social welfare. Expenditure on education, public health, the developing countries are loopholes in taxation laws, corrupt
welfare schemes for workers, relief and rehabilitation of displaced tax administration, a high population growth, extravagant
persons and such other services may not yield direct benefit in the governmental spending on non-developmental items, an orthodox
society etc.
short run. But in the long run they contribute to improvement in the
quality at human resources. Introduction to public financial management legal frame work

Role of Fiscal Policy- Its Significance to Business Economy in Public Finance Management in Kenya is covered in the constitution of
Developing Countries Kenya 2010, Chapter 12 and Public Finance Management Act, 2012. This
Act of parliament provides effective management of public finances by the
national and county governments; the oversight responsibility of
 To divert existing resources from unproductive to productive and Parliament and county assemblies; the different responsibilities of
socially more desirable uses. Hence, fiscal policy must be blended government entities and other bodies, and for connected purposes
with planning for development.
 To create an equitable distribution of income and wealth in the
society. Overview of public financial management Act
 To protect the economy from the ills of inflation and unhealthy
competition from foreign countries Is an Act of Parliament meant to provide for effective management of
 To maintain relative price stability through fiscal measures. public finances by the national and county governments. Articles 6 and 189
 The approach to fiscal policy must be aggregate as well as of the Constitution. Article 6(2): The governments at the national and
segmental. The sectoral imbalances can be curbed by appropriate County levels are distinct and inter-dependent and shall conduct their
segmental fiscal measures. mutual relations on the basis of consultation and cooperation; article
 The government expenditure on developmental planning projects 189(1)(a): Government at either level shall per-form its functions, and
must be increased. For this deficit financing can be used. It refers exercise its powers, in a manner that respects the functional and
to creation of additional money supply either by creation of new institutional integrity of government at the other level, and respects the
Constitu-tional status and institutions of government at the other level.

2
Both levels of government should not interfere in the day-to-day
management of finances and other affairs in the other level of  Accounting Officers are responsible for accounting for money
government. Specifically, each level of government should be able to appropriated by Parliament
formulate, plan, implement and report on their budgets and plans without  Accounting Officers for National Government entities, Parliament
and the Judiciary are accountable to the National Government for
the interference of the other government. To operationalize this concept
financial management
and to avoid favouring one level of government over the other, the Act has  Accounting officers for National Government entities are to be
mirrored many of the institutional structures for financial management of designated by Cabinet Secretary for Finance
the national government at the county government level as shown below:  Accounting Officers to ensure that public resources are used
lawfully, effectively and efficiently
National Assembly  Receivers of National Government revenue are to be designated
by the Cabinet Secretary– Finance
 Reviews the Budget Policy Statement and makes  Receivers of National Government revenue are to be responsible
recommendations to National Treasury for receiving and accounting for National Government revenue
 Approves the Budget Estimates for National Government,  Kenya Revenue Authority has been retained in the PFM Act as
Parliament and Judiciary collector of National Government revenue
 Provides overall oversight at National Government level
 Approves the establishment of other National Government public County Assembly
funds  Reviews the Fiscal Strategy Paper and makes recommendations to
 Monitors budgets and public finances and related matters County Executive Committee
 Approves the Budget Policy Statement (BPS) and the Budget  Approves the budget estimates for County Government, Urban
Review and Outlook Paper (BROP) areas and Cities
 Reviews the Annual Budget Estimates for National Government  Provides overall oversight over public finances at the County
Cabinet Government level
 Approves the establishment of other County public funds
 Approves the Budget Policy Statement (BPS) and the Budget  Monitors budgets and public finances and related matters
Review and Outlook Paper (BROP)  Approves the Fiscal Strategy Paper (FSP) and the County Budget
 Reviews the Annual Budget Estimates for National Government Review and Outlook paper (C- BROP;
National Treasury  Reviews and approves the Annual Budget Estimates for the County
Government
 Has overall responsibility for macroeconomic formulation and  Has powers to establish a County Emergency Fund but with
management approval of County Assembly
 Prepares annual budget estimates of revenues and expenditure of
National Government and coordinates the preparation and County Executive Committee
implementation of the National Government budget
 Prepares the BPS for the National Government.  Approves the Fiscal Strategy Paper(FSP) and the County Budget
National Government. Review and Outlook paper(C- BROP;

3
 Reviews and approves the Annual Budget Estimates for the County  Receivers of County Government revenue are to be responsible for
Government receiving and accounting for
 Has powers to establish a County Emergency Fund but with  County Government revenue
approval of County Assembly.  County Executive Committee member–Finance has to appoint KRA
as collector of County Government revenue
County Treasury
This Act has also other links to other sections of the Constitution: article
 Head of County Treasury and oversees formulation of economic 206 spells out the principles of management of consolidated funds and
policies other public funds; article 207 establishes the County Revenue Funds and
 Manages the County Government budget process provides for setting up of other funds at the county level; article 208
 May at the request of Cabinet Secretary stop transfers of funds to provides for the setting up of contingencies fund; articles 211 to 214 spell
a County Government entity for serious material breach or out on the borrowing and guarantees; article 220 requires national
persistent material breaches legislation to prescribe the form, content and timing of budgets; article
 Has power to raise loan on behalf of County Government in 225 provides for financial controls at the national and county level; and
accordance with the law article 226 requires an Act of Parliament to provide for financial records
 Has overall responsibility for economic affairs at the County and audit of all accounts of governments, and article 227 on public
Government procurement
 Prepares annual budget estimates for County Government and
coordinates the preparation and implementation of the CG budget Principles of public finance
 Prepares Fiscal Strategy Paper, as the integrated Development
Plan for County Government The following principles shall guide all aspects of public finance in the
 Enforces the Fiscal responsibility principles at the County Republic—
Government 1. There shall be openness and accountability, including public
participation in financial matters;
County Government
2. The public finance system shall promote an equitable society, and in
particular—
 Accounting Officers are to be responsible for money appropriated
by County Government i. the burden of taxation shall be shared fairly;
 Accounting Officers for County Government entities are ii. revenue raised nationally shall be shared equitably among national and
accountable to the County Assembly for financial management county governments; and
 Accounting Officers for County Government entities are to be iii. expenditure shall promote the equitable development of the country,
designated by County Executive Member responsible for Finance including by making special provision for marginalised groups and areas;
 Accounting Officers to ensure that public resources are used
lawfully, effectively and efficiently 3. The burdens and benefits of the use of resources and public borrowing
 Receivers of County revenue are to be designated by County shall be shared equitably between present and future generations;
Executive Committee member –Finance 4. public money shall be used in a prudent and responsible way; and

4
5. Financial management shall be responsible, and fiscal reporting shall be County Treasury to prepare a County Budget Review and Outlook Paper
clear A County Treasury shall—
a) prepare a County Budget Review and Outlook Paper in respect of the
Process of developing county government finance bill county for each financial year; and
b) Submit the paper to the County Executive Committee by the 30th
County Treasury to prepare County Fiscal Strategy Paper September of that year.
The County Treasury shall prepare and submit to the County Executive
Committee the County Fiscal Strategy Paper for approval and the County In preparing its county Budget Review and Outlook Paper, the County
Treasury shall submit the approved Fiscal Strategy Paper to the county Treasury shall specify—
assembly, by the 28th February of each year. a) the details of the actual fiscal performance in the previous year
The County Treasury shall align its County Fiscal Strategy Paper with the compared to the budget appropriation for that year;
national objectives in the Budget Policy Statement.
b) the updated economic and financial forecasts with sufficient
In preparing the County Fiscal Strategy Paper, the County Treasury shall
information to show changes from the forecasts in the most recent County
specify the broad strategic priorities and policy goals that will guide the
Fiscal Strategy Paper;
county government in preparing its budget for the coming financial year
and over the medium term. c) information on—
The County Treasury shall include in its County Fiscal Strategy Paper the
financial outlook with respect to county government revenues, i. any changes in the forecasts compared with the County Fiscal Strategy
expenditures and borrowing for the coming financial year and over the Paper; or
medium term. ii. how actual financial performance for the previous financial year may
In preparing the County Fiscal Strategy Paper, the County Treasury shall have affected compliance with the fiscal responsibility principles, or the
seek and take into account the views of— financial objectives in the County Fiscal Strategy Paper for that financial
a) the Commission on Revenue Allocation; year; and
b) the public;
d) Reasons for any deviation from the financial objectives in the County
c) any interested persons or groups; and
Fiscal Strategy Paper together with proposals to address the deviation and
d) any other forum that is established by legislation. the time estimated for doing so.
Not later than fourteen days after submitting the County Fiscal Strategy The County Executive Committee shall consider the County Budget Review
Paper to the county assembly, the county assembly shall consider and may and Outlook Paper with a view to approving it, with or without
adopt it with or without amendments. amendments, within fourteen days after its submission.
The County Treasury shall consider any recommendations made by the Not later than seven days after the County Budget Review and Outlook
county assembly when finalising the budget proposal for the financial year Paper is approved by the County Executive Committee, the County
concerned. Treasury shall—
The County Treasury shall publish and publicise the County Fiscal Strategy a) arrange for the Paper to be laid before the County Assembly; and
Paper within seven days after it has been submitted to the county
b) as soon as practicable after having done so, publish and publicise the
assembly.
Paper.

5
Banking arrangements for county government and its entities b. All money received from the redemption or maturity of the
The County Treasury is responsible for authorising the opening, operating investments, and from the sale or conversion of securities relating
and closing of bank accounts for the county government and its entities, to the investments.
except as otherwise provided by other legislation and in accordance with The County Treasury may incur costs, charges and expenses in connection
regulations made under this Act. with negotiating, placing, managing, servicing, or converting any
As soon as practicable, each County Treasury shall establish a Treasury investment entered into under subsection (3).
Single Account at the Central Bank of Kenya or a bank approved by the Any costs, charges or expenses incurred above are payable from the
County Treasury through which payments of money to and by the various County Exchequer Account.
county government entities are to be made.
The Treasury Single Account shall not be operated in a manner that County Treasury to maintain records of county government loans.
prejudices any entity to which funds have been disbursed. The County Treasury shall maintain a record of all loans made to the
An accounting officer for a county government entity shall not cause a county government and make the record available to the county assembly
bank account of the entity to be overdrawn beyond the limit authorised by within seven days of request.
the County Treasury or a Board of a county government entity, if any. The County Treasury shall include in the record under subsection (1), the
A County Treasury shall keep complete and current records of all bank following information—
accounts for which it is responsible under the Constitution, this Act or any a. the principal of the loan and the terms and conditions of the loan,
including interest and other charges payable and the terms of repayment;
other legislation.
Accounting officer who authorises the bank account of a county b. the amount of the loan advanced at any particular time;
government entity to be overdrawn is liable for the full cost of the c. the principal amount, interest and other charges paid at any particular
overdrawn amount, in addition to any other disciplinary measures that— time; and
a. the County Executive Committee member for finance may impose; or d. the balance of principal, interest and other charges outstanding at any
b. Any other relevant authority may impose under the provisions of any particular time.
other legislation
Management of cash at the county government level The county treasury shall maintain the following additional information
with respect to every such loan—
A County Treasury shall manage its cash within a framework
a. the names of the parties to the loan;
established by the county assembly and by regulations.
Every county government entity shall submit an annual cash flow b. the amount of the loan and the currency in which it is expressed and in
plan and forecasts to the County Treasury in a form and manner which it is repayable;
directed by County Treasury, and shall send a copy to the Controller c. the terms and conditions of the loan, including interest and other charges
of Budget. payable and the terms of repayment;
The County Treasury may invest subject to any regulations that may d. the amount of the loan advanced at the time the report under subsection
be prescribed, any money kept in a bank account of the county (3) is submitted;
government. e. the purpose for which the loan was used and the perceived benefits of the
Except as otherwise provided by other legislation, the following are loan; and
payable into the County Exchequer Account— f. any other information that the county assembly requests.
a. all interest received from investments;

6
The County Treasury shall submit both quarterly and annual reports of all c. making an overall estimation of the county government's revenues and
loans made to the county government to the county assembly expenditures;
County Treasury to submit county government debt management strategy d. adoption of County Fiscal Strategy Paper;
to county assembly
On or before the 28th February in each year, the County Treasury shall e. preparing budget estimates for the county government and submitting
submit to the county assembly a statement setting out the debt estimates to the county assembly;
management strategy of the county government over the medium term f. approving of the estimates by the county assembly;
with regard to its actual liability and potential liability in respect of loans g. enacting an appropriation law and any other laws required to
and its plans for dealing with those liabilities. implement the county government's budget;
The County Treasury shall include the following information in the
statement— h. implementing the county government's budget; and
a. the total stock of debt as at the date of the statement;
i. accounting for, and evaluating, the county government's budgeted
b. the sources of loans made to the county government; revenues and expenditures
c. the principal risks associated with those loans; The County Executive Committee member for finance shall ensure that
d. the assumptions underlying the debt management strategy; and there is public participation in the budget process.
County government to prepare development plan
e. An analysis of the sustainability of the amount of debt, both actual and
Every county government shall prepare a development plan in accordance
potential.
with Article 220(2) of the Constitution, that includes—
a. strategic priorities for the medium term that reflect the county
As soon as practicable after the statement has been submitted to the
government's priorities and plans;
county assembly under this section, the County Executive Committee
member for finance shall publish and publicise the statement and submit a b. a description of how the county government is responding to changes in
copy to the Commission on Revenue Allocation and the Intergovernmental the financial and economic environment;
Budget and Economic Council. c. programmes to be delivered with details for each programme of—
County Treasury to provide county assembly with additional reports when
required i. the strategic priorities to which the programme will contribute;
On being requested to do so by the county assembly, the County Treasury ii. the services or goods to be provided;
shall prepare and submit to the county assembly a report on any matter iii. measurable indicators of performance where feasible; and
relating to its responsibilities within fourteen days of the request.
Stages in county government budget process iv. the budget allocated to the programme;
The budget process for county governments in any financial year shall d. payments to be made on behalf of the county government, including
consist of the following stages— details of any grants, benefits and subsidies that are to be paid;
a. integrated development planning process which shall include both long e. a description of significant capital developments;
term and medium term planning; f. a detailed description of proposals with respect to the development of
b. planning and establishing financial and economic priorities for the physical, intellectual, human and other resources of the county, including
county over the medium term; measurable indicators where those are feasible;

7
g. a summary budget in the format required by regulations; and (h) such
other matters as may be required by the Constitution or this Act.

The County Executive Committee member responsible for planning shall


prepare the development plan in accordance with the format prescribed
by regulations.
The County Executive Committee member responsible for planning shall,
not later than the 1st September in each year, submit the development
plan to the county assembly for its approval, and send a copy to the
Commission on Revenue Allocation and the National Treasury.
The County Executive Committee member responsible for planning shall
publish and publicise the annual development plan within seven days after
its submission to the county assembly.

8
County government to prepare cash flow projections A county government entity shall comply with the guidelines and, in
Not later than the 15th June of each financial year, every county particular, shall adhere to the key dates specified in the schedule referred
government shall prepare an annual cash flow projection for the county to in the above
for the next financial year, and submit the cash flow projection to the County Executive Committee member to submit budget estimates and
Controller of Budget with copies to the Intergovernmental Budget and other documents to County Executive Committee for approval
Economic Council and the National Treasury. A County Executive Committee member for finance shall submit to the
Regulations shall prescribe the format and content of the annual cash flow County Executive Committee for its approval
projections. a. the budget estimates and other documents supporting the budget of
the county government, excluding the county assembly; and
County Executive Committee member for finance to manage budget b. the draft Bills at county level required to implement the county
process at county government level government budget, in sufficient time to meet the deadlines prescribed by
The County Executive Committee member for finance shall manage the this section.
budget process for the county.
Not later than the 30th August in each year, the County Executive Following approval by the County Executive Committee, the County
Committee member for finance shall issue a circular setting out guidelines Executive Committee member for finance shall—
to be followed by all of the county government's entities in the budget a. submit to the county assembly the budget estimates, supporting
process. documents, and any other Bills required to implement the budget, except
The County Executive Committee member for finance shall include in the the Finance Bill, by the 30th April in that year; and
circular—
b. Ensure that the estimates submitted are in accordance with the
a. a schedule for preparation of the budget, specifying the key dates by
resolutions adopted by county assembly on the County Fiscal Strategy
which the various processes are to be completed;
Paper.
b. the methodology for the review and projection of revenues and
expenditures; Each county assembly clerk shall prepare and submit to the county
c. key policy areas and issues to be taken into consideration when assembly the budget estimates for the county assembly and a copy shall
preparing the budget; be submitted to the Count Executive Committee member for finance.
d. the procedures to be followed by members of the public who wish to The County Executive Committee member for finance shall prepare and
participate in the budget process; present his or her comments on the budget estimates presented by the
county assembly clerk.
e. the format in which information and documents relating to the budget
The County Executive Committee member for finance shall ensure that the
are to be submitted;
budget process is conducted in a manner and within a timeframe sufficient
f. the information to be in conformity with standard budget classification to permit the participants in the process to meet the requirements of the
systems as prescribed by regulations; and Constitution and this Act.
g. any other information relevant to the budget process. As soon as is practicable after the budget estimates and other documents
have been submitted to the County Assembly under this section, the
County Executive Committee member for finance shall publish and
publicise the documents.

9
Upon approval of the budget estimates by the county assembly, the Appropriation Act, together with the constitutional or national legislative
County Executive Committee member for finance shall prepare and submit authority for any such payments or liabilities; and
a County Appropriation Bill to the county assembly of the approved a statement by the County Executive Committee member for finance
estimates. specifying the measures taken by the county government to implement
any recommendations made by the county assembly with respect to the
County Executive Committee member for finance to submit budget budget for the previous financial year.
documents to county assembly In preparing the annual Appropriation Bill to put before the County
The County Executive Committee member for finance shall submit to the Assembly, the County Executive Committee member for finance shall
county assembly the following documents in respect of the budget for ensure that the expenditure appropriations in the Bill are in a form that—
every financial year— a. is accurate, precise, informative and pertinent to budget issues; and
A budget summary that includes— b. Clearly identifies the appropriations by Vote and programme.
i. a summary of budget policies including revenue, expenditure, debt and
deficit financing; and County Assembly to consider budget estimates
ii. an explanation of how the budget relates to the fiscal responsibility The county assembly shall consider the county government budget
principles and the financial objectives; estimates with a view to approving them, with or without amendments, in
iii. a memorandum by the County Executive Committee member for time for the relevant appropriation law and any other laws required to
finance explaining how the resolutions adopted by the county assembly on implement the budget to be passed by the 30th June in each year.
the budget estimates have been taken into account; Before the county assembly considers the estimates of revenue and
expenditure, the relevant committee of the county assembly shall discuss
Budget estimates that include— and review the estimates and make recommendations to the county
i. a list of all county government entities that are to receive funds assembly, and in finalising the recommendations to county assembly, the
appropriated from the budget of the county government; committee shall take into account the views of the County Executive
ii. estimates of revenue projected from the Equalisation Fund over the
medium term;
iii. all revenue allocations from the national government over the medium
term, including conditional and unconditional grants;
iv. all other estimated revenue by broad economic classification;
v. all estimated expenditure, by Vote, and by programme, clearly
identifying both recurrent and development expenditures;
vi. information regarding loans made to the county government, including
an estimate of principal, interest and other charges to be paid by that
county government in the financial year in respect of those loans;

information relating to any payments and liabilities to be made or incurred


by the county government for which an appropriation is not included in an

10
Committee member for finance and the public on the proposed Any recommendations made by the relevant committee or adopted by the
recommendations. county assembly on revenue matters shall—
An amendment to the budget estimates may be made by the county a. ensure that the total amount of revenue raised is consistent with the
assembly only if it is in accordance with the resolutions adopted regarding approved fiscal framework and the County Allocation of Revenue Act;
the County Fiscal Strategy Paper and if— b. take into account the principles of equity, certainty and ease of
a. any increase in expenditure in a proposed appropriation, is balanced by collection;
a reduction in expenditure in another proposed appropriation; and
c. consider the impact of the proposed changes on the composition of tax
b. Any proposed reduction in expenditure is used to reduce the deficit. revenue with reference to direct and indirect taxes;
d. consider domestic, regional and international tax trends;
Where a Bill originating from a member of a county assembly proposes
amendments after the passing of budget estimates and the Appropriations e. consider the impact on development, investment, employment and
Bill by the county assembly, the county assembly may proceed in economic growth; and
accordance with the resolutions adopted regarding the County Fiscal f. Take into account the taxation and other tariff agreements and
Strategy Paper and ensure— obligations that Kenya has ratified, including taxation and tariff
a. an increase in expenditure in a proposed appropriation is balanced by a agreements under the East African Community Treaty.
reduction in expenditure in another proposed appropriation; or
b. a proposed reduction in expenditure is used to reduce the deficit. The recommendation of the County Executive Committee member for
finance shall be included in a report and tabled in the county assembly.
Not later than twenty-one days after the county assembly has approved Approval of the Finance Bill
the budget estimates, the County Treasury shall consolidate the estimates Not later than ninety days after passing the Appropriation Bill, the county
and publish and publicise them. assembly shallconsider and approve the Finance Bill with or without
The County Executive Committee member for finance shall take all amendments.
reasonably practicable steps to ensure that the approved budget Action to be taken in case of delay in enacting County Appropriation Bill
estimates are prepared and published in a form that is clear and easily if the County Appropriation Bill for a financial year has not been assented
understood by, and readily accessible to, members of the public. to, or is not likely to be assented to by the beginning of that financial year,
Submission and consideration of the revenue raising measures in the a county assembly may authorise the withdrawal of money from the
county assembly County Revenue Fund.
Each financial year, the County Executive member for finance shall, with Money withdrawn under the above condition,
the approval of the County Executive Committee, make a pronouncement a. may be used only for the purpose of meeting expenditure necessary to
of the revenue raising measures for the county government. carry on the services of the county government during the financial year
The County Executive Committee member for finance shall, on the same concerned until such time as the relevant appropriation law is passed; and
date that the revenue raising measures are pronounced, submit to the b. may not exceed, in total, one-half of the amount included in the
county assembly the County Finance Bill, setting out the revenue raising estimates of expenditure submitted to the county assembly for that year.
measures for the county government, together with a policy statement
expounding on those measures. The Speaker of the county assembly shall, within seven days, communicate
the authorization to the County Executive Committee member for finance.

11
The money withdrawn shall be included in the appropriation law, under County government to submit to county assembly supplementary budget
separate rotes, for the services for which it is withdrawn. in certain circumstances

12
A county government may spend money that has not been appropriated if As soon as practicable after the commencement of this Act, a county
the amount appropriated for any purpose under the County Appropriation government shall establish a forum to be known as the (Name of the
Act is insufficient or a need has arisen for expenditure for a purpose for County) County Budget and Economic Forum.
which no amount has been appropriated by that Act, or money has been The County Budget and Economic Forum shall consist of—
withdrawn from the county government Emergency Fund A county a. the Governor of the county who shall be the chairperson;
government shall submit a supplementary budget in support of the b. other members of the county executive committee;
additional expenditure for authority for spending
c. a number of representatives, not being county public officers, equal to
In complying with the above rule, a county government shall describe how
the number of executive committee members appointed by the Governor
the additional expenditure relates to the fiscal responsibility principles and
from persons nominated by organisations representing professionals,
financial objectives.
business, labour issues, women, persons with disabilities, the elderly and
Except as provided the approval of the county assembly for any spending
faith based groups at the county level.
under this section shall be sought within two months after the first
withdrawal of the money.
The purpose of the Forum is to provide a means for consultation by the
If the county assembly is not sitting during the time contemplated, or is
county government on—
sitting but adjourns before approval has been sought, approval shall be
a. preparation of county plans, the County Fiscal Strategy Paper and the
sought within fourteen days after it next sits.
Budget Review and Outlook Paper for the county; and
When the county assembly has approved spending, a supplementary
Appropriation Bill shall be introduced for the appropriation of the money b. Matters relating to budgeting, the economy and financial management
spent. at the county level.
In any financial year, the county government may not spend under this
section more than ten percent of the amount appropriated by the county In addition to the above, consultations shall be in accordance with the
assembly for that year unless that county assembly has, in special consultation process provided in the law relating to county governments.
circumstances, approved a higher percentage.
Appropriation of money for county government purpose to lapse if
unspent.
Subject to any other legislation, an appropriation that has not been spent
at the end of the financial year for which it was appropriated lapses
immediately at the end of that financial year.
If, at the end of a financial year, a county government entity is holding
appropriated money that was withdrawn from the County Exchequer
Account but has not been spent, it shall repay the unspent money to the
County Exchequer Account and prepare a refund statement which shall be
forwarded to the Controller of Budget.
Establishment of county budget and economic forum for county budget
consultation process

13
14

You might also like