Senator Okiya Omtatah warns Executive control of Treasury unconstitutional

Busia Senator Okiya Omtatah has argued that Section 11 of the Public Finance Management (PFM) Act is inconsistent with the Constitution, claiming that it places the National Treasury under the authority of the Executive and undermines the safeguards established to protect independent management of public finances.

In a statement on X, Omtatah said the Constitution was designed to prevent any single political office from having unchecked control over public resources by separating political leadership from the management of the country’s finances.

“Our Constitution was designed with one clear principle. No single political office should have unchecked control over public money,” Omtatah said.

The senator cited Article 225(1) of the Constitution, which establishes the National Treasury as the custodian of public finances, arguing that the institution’s role is too important to be subjected to political influence.

He said the provisions of the PFM Act that place the National Treasury under the Executive through the Cabinet Secretary for the National Treasury raise serious constitutional concerns.

“This is not a small legal issue. It goes to the heart of constitutional governance,” he said.

Omtatah maintained that Parliament has the authority to enact laws that implement the Constitution but cannot use ordinary legislation to change constitutional principles.

According to the senator, weakening the independence of public financial management also weakens the safeguards that protect public resources.

"When the independence of public financial management is weakened, the checks that protect taxpayers' money are weakened too," he said.

Omtatah further warned that failing to uphold Chapter 12 of the Constitution could undermine one of the country's key accountability mechanisms.

"If we fail to defend Chapter Twelve today, we risk eroding one of the most important safeguards for accountability and responsible use of public resources," he said.

Calling on Kenyans to safeguard the Constitution, the senator stressed that constitutional supremacy must prevail over political interests.

"The Constitution must remain above politics. Every law passed by Parliament must respect it," he said, adding, "The Constitution belongs to all of us. Defending it is a duty we all share".