Constitution of Kenya (Repealed) - Kenya Law Reports

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84 Constitution of Kenya[Rev. 2009(4) Parliament may prescribe the manner in which withdrawalsmay be made from the Consolidated Fund or any other fund of theGovernment of Kenya.Authorization ofexpenditure fromConsolidated Fundby appropriation.100. (1) The Minister for the time being responsible for financeshall cause to be prepared and laid before the National Assembly ineach financial year estimates of the revenues and expenditure of theGovernment of Kenya for the next following financial year.(2) When the estimates of expenditure (other than expenditurecharged upon the Consolidated Fund by this Constitution or by anyAct of Parliament) have been approved by the National Assembly, aBill, to be known as an Appropriation Bill, shall be introduced intothe Assembly, providing for the issue from the Consolidated Fund ofthe sums necessary to meet that expenditure and the appropriation ofthose sums, under separate votes for the several services required, tothe purposes specified therein.(3) If in respect of any financial year it is found -(a) that the amount appropriated by the Appropriation Actto any purpose is insufficient or that a need has arisen forexpenditure for a purpose to which no amount has beenappropriated by that Act; or(b) that any moneys have been expended for a purpose inexcess of the amount appropriated to that purpose by theAppropriation Act or for a purpose to which no amount hasbeen appropriated by that Act,a supplementary estimate or, as the case may be, a statement of excessshowing the sums required or spent shall be laid before the NationalAssembly and, when the supplementary estimate or statement of excesshas been approved by the Assembly, a supplementary AppropriationBill shall be introduced into the Assembly, providing for the issue ofthose sums from the Consolidated Fund and appropriating them to thepurposes specified therein.Authorizationof expenditurein advance ofappropriation.101. If the Appropriation Act for a financial year has not comeinto operation, or is not likely to come into operation, by the beginningof that financial year, the National Assembly may, by a vote on account,authorize the withdrawal from the Consolidated Fund of moneys (notexceeding in total one-half of the sums included in the estimates ofexpenditure for that year that have been laid before the Assembly) forthe purpose of meeting expenditure necessary to carry on the servicesof the Government of Kenya during that year until such time as the
Rev. 2009]Constitution of Kenya 85Appropriation Act comes into operation, but any moneys so withdrawnshall be included, under separate votes for the several services in respectof which they were withdrawn, in the Appropriation Act.102. (1) Parliament may make provision for the establishmentof a Contingencies Fund and for authorizing the Minister for the timebeing responsible for finance, if he is satisfied that there has arisen anurgent and unforeseen need for expenditure for which no other provisionexists, to make advances from that Fund to meet that need.Contingencies Fund.(2) Where an advance is made from the Contingencies Fund,a supplementary estimate shall be presented and a supplementaryAppropriation Bill shall be introduced as soon as possible for the purposeof replacing the amount so advanced.103. (1) All debt charges for which the Government of Kenya isliable shall be a charge on the Consolidated Fund.(2) For the purposes of this section debt charges include interest,sinking fund charges, the repayment or amortization of debt, and allexpenditure in connexion with the raising of loans on the security ofthe Consolidated Fund and the service and redemption of debt createdthereby.104. (1) There shall be paid to the holders of the offices towhich this section applies such salary and such allowances as may beprescribed by or under an Act of Parliament.Public debt ofGovernment ofKenya.Remuneration ofcertain officers.13 of 1977, s. 4.(2) The salaries and any allowances payable to the holders ofthe offices to which this section applies shall be charged upon theConsolidated Fund.(3) The salary payable to the holder of an office to which thissection applies and his other terms of service (other than allowances thatare not taken into account in computing, under any law in that behalf,any pension payable in respect of his service in that office) shall not bealtered to his disadvantage after his appointment.(4) When a person’s salary or other terms of service depend uponhis option, the salary or terms for which he opts shall, for the purposesof subsection (3), be deemed to be more advantageous to him than anyothers for which he might have opted.(5) This section applies to the offices of judge of the High Court,judge of the Court of Appeal, member of the Public Service Commission,member of the Electoral Commission, Attorney-General and Controllerand Auditor-General.
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Constitution of Kenya (Repealed) - Kenya Law Reports

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