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Ruto accuses Uhuru allies of abusing emergency provision to embezzle funds

President William Ruto has accused the previous regime of abusing Article 223 of the Kenyan Constitution to steal money that was not properly spent in the name of subsidies.

Speaking at an Interdenominational thanksgiving service at Kirubia Stadium on Sunday, Ruto said that the former government had used Article 223 to siphon billions of shillings from public coffers under the pretext of subsidizing fuel and food.

Article 223 allows the national government to spend money that has not been appropriated by Parliament in case of an emergency or a shortfall.

Ruto cited a recent report by the Auditor General that revealed that KES 34 billion was lost for fuel subsidies.

“Many people (from the previous regime) were accustomed to using Article 223 of the Constitution to seize and misuse government funds. We were told that fuel and food are subsidized. The Auditor General now says, KES 34 billion was stolen for fuel subsidies,” Ruto said.

At the National Assembly Public Petitions committee last week, Controller of Budget Margaret Nyakang’o alleged that she had been forced to approve KES 15 billion by using the provision of Article 223.

She brought screenshots of what she said were WhatsApp exchanges between her and the former Treasury CS Ukur Yatani to the committee, which she claimed led to her sanctioning the release of KES 15 billion in a record-breaking 26 minutes.

Nyakang’o allegedly authorized the release of KES 1 billion to the Office of the President and KES 10 billion to the Infrastructure Ministry during the claimed conversation for the purpose of funding a security project that the contractor was about to leave.

She claimed that while she was aware of the irregularities in the approvals, she was coerced into giving the go-ahead.

While rejecting the claims that Nyakang’o was coerced, Yatani agreed to invoke Article 223 and vowed to sue Nyakang’o for defamation.

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