Controller of Budget flags record Ksh.209B unbudgeted Gov't spending
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The Office of the Controller of Budget (CoB) has raised the
alarm yet again over the use of Article 223 by government bodies.
According to CoB Dr. Margaret Nyakang’o, in the 2025/2026
financial year, the government used Article 223, which allows urgent,
unforeseen expenditure not previously appropriated, to spend a total of
Ksh.209.37 billion, the highest expenditure recorded under the constitutional
provision.
The Nyakang’o-led team is now calling for further fiscal
consolidation, noting that despite the Treasury’s commitment to cutting
spending, little progress is evident.
In the 2025/2026 financial year, a record Ksh.209.37 billion
was approved by the Office of the Controller of Budget, comprising Ksh.21.47
billion for development expenditure and Ksh.187.90 billion for recurrent
expenditure.
This represents the highest use of Article 223 of the
Constitution over the past four years.
In the 2022/2023 financial year, the Treasury approved
Ksh.103.68 billion under Article 223, but only Ksh.69.2 billion was disbursed.
In the following financial year, 2023/2024, Ksh.65.4 billion
was approved, but only Ksh.19.2 billion was spent.
In the 2024/2025 financial year, Ksh.72.24 billion was
approved, of which Ksh.66.56 billion was utilised.
“Our concern is that some of them are related to day-to-day
operations, so our concern was the rising use rather than the increase, as well
as the nature of some of the operations that were being funded,” said Stephen
Otieno, Assistant Director of Budget Implementation.
Nyakang’o questioned why requests under Article 223 were
becoming increasingly frequent, noting that some government entities resort to
the provision after failing to secure funding for items they had initially
budgeted for.
“What we should be asking is why it's getting more and more
frequent. One of the reasons we cannot ignore, and that most of these entities
raise, is that they tried to budget for these items but they were not given the
funds. Later, they find that they cannot operate without the funds, so they now
come through the door of Article 223,” Nyakang’o said.
The Controller of Budget also raised concerns over the growing
number of county investment conferences organised to attract investors through
county investment bodies, which she says operate outside the existing legal
framework.
“These investment bodies are not legal entities. They are not
allowed; they are not in the PFM Act. But counties have been allowed to come
together and attract investors to their regions. That is fine, but it's not in
the PFM Act. You can't find it anywhere, and so they don't even report on these
investment forums,” Nyakang’o said.
The concerns extend to Parliamentary expenditure, which the
Controller of Budget says remains difficult to scrutinise beyond the
allocations and reports submitted to the office.
This limited visibility makes it difficult for the watchdog to
establish how the National Assembly utilises its annual allocations from the
Exchequer.
“From the CoB's point of view, we cannot really go further
than taking it as other expenses. The Auditor-General is allowed to dive in and
find out, of these other expenses, what they are all about. So, to answer you,
we don't have visibility beyond the budgetary limits and what has been reported
to us,” Nyakang’o remarked.

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