Constitution of Kenya, 2010
may spend money that has not been appropriated if—
(a) the amount appropriated for any purpose under the
Appropriation Act is insufficient or a need has arisen for
expenditure for a purpose for which no amount has been
appropriated by that Act; or
(b) money has been withdrawn from the Contingencies Fund.
(2) The approval of Parliament for any spending under this Article
shall be sought within two months after the first withdrawal of the
money, subject to clause (3).
(3) If Parliament is not sitting during the time contemplated in
clause (2), or is sitting but adjourns before the approval has been
sought, the approval shall be sought within two weeks after it next sits.
(4) When the National Assembly has approved spending under
clause (2), an appropriation Bill shall be introduced for the
appropriation of the money spent.
(5) In any particular financial year, the national government may
not spend under this Article more than ten per cent of the sum
appropriated by Parliament for that financial year unless, in special
circumstances, Parliament has approved a higher percentage.
County appropriation Bills.
224. On the basis of the Division of Revenue Bill passed by
Parliament under Article 218, each county government shall prepare
and adopt its own annual budget and appropriation Bill in the form, and
according to the procedure, prescribed in an Act of Parliament.
PART 6—CONTROL OF PUBLIC MONEY
Financial control.
225. (1) An Act of Parliament shall provide for the establishment,
functions and responsibilities of the national Treasury.
(2) Parliament shall enact legislation to ensure both expenditure
control and transparency in all governments and establish
mechanisms to ensure their implementation.
(3) Legislation under clause (2) may authorise the Cabinet
Secretary responsible for finance to stop the transfer of funds to a
State organ or any other public entity—
(a) only for a serious material breach or persistent material
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