Kisii Senator Richard Onyonka has sounded the alarm over the continued exploitation of Article 223 of the Constitution of Kenya, warning that the provision has become a loophole for off-budget spending and fiscal indiscipline by the Executive.
Speaking on floor debates regarding supplementary budget allocations and public finance management, Onyonka highlighted that Article 223—which permits the government to spend money that has not been appropriated by Parliament under exceptional circumstances—is increasingly being abused to bypass legislative scrutiny.
“Article 223 was designed for urgent, unforeseen emergencies like natural disasters or critical national security needs,” Onyonka stated. “Instead, it has morphed into a routine avenue for Executive overspending, enabling ministries and state departments to commit public funds first and seek post-facto ratification from Parliament later.”
Spending vast sums before receiving legislative approval undermines Parliament’s constitutional mandate to control public purse strings.
The continuous reliance on supplementary appropriations distorts initial budget plans, exacerbating public debt and national deficit margins.
Regular use of ex-post spending approvals weakens transparency mechanisms, creating vulnerabilities for corruption and unaccounted public expenditure.
The lawmaker urged Parliament to establish a stricter regulatory framework governing pre-approvals under Article 223. He cautioned that unless strict limits are enforced, the article will remain a legal cover for fiscal impunity, compromising national budget integrity.
