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Public Financial Management Framework

Public Finance

Public Financial Management Framework

Syllabus tag: KASNEB CPA | Intermediate Level | CA26 Public Finance and Taxation | Topic 9 Public Financial Management Framework

Lesson objectives

By the end of this topic, you will be able to:

  • State the principles of public finance in Article 201
  • Explain how revenue is shared between the national and county governments
  • Identify the institutions established by the Constitution and the PFM Act
  • Describe the roles of the National Treasury, the Controller of Budget and the Auditor-General
  • Explain the funds established by the Constitution

Why this matters

Everything earlier in this paper concerned collecting tax. This topic concerns what happens to it afterwards — and in a devolved system with 47 counties, that is a constitutional question before it is an accounting one.

The legal framework

InstrumentWhat it governs
Constitution of Kenya 2010, Chapter 12The principles and the institutions
Public Finance Management Act 2012The detailed rules and procedures
PFM Regulations 2015National and county government regulations
Division of Revenue ActAnnual split between national and county government
County Allocation of Revenue ActAnnual split among the 47 counties

Article 201: the principles of public finance

Five principles, and an examiner may ask for them by name:

  1. Openness, accountability and public participation in financial matters
  2. Equitable sharing of the burdens and benefits of public spending, both between generations and across the country
  3. Equitable revenue sharing between national and county government
  4. Prudent and responsible use of public money
  5. Clear fiscal reporting, with responsible financial management

The reference to generations is worth pausing on. It is the constitutional basis for concern about public debt: borrowing today transfers the burden to people who had no say in the decision.

Sharing revenue

Article 203(2) sets the constitutional floor: the equitable share allocated to county governments must be not less than 15% of all revenue collected by the national government.

That percentage is calculated on the most recent audited accounts of revenue received, as approved by the National Assembly — not on current-year estimates, which is why the base figure always lags.

Article 203(1) lists the criteria that shape the actual division, including the national interest, provision for public debt, the needs of each level of government, the fiscal capacity of counties, economic disparities between them, and the need for affirmative action in disadvantaged areas.

Sharing among the 47 counties is done on a formula recommended by the Commission on Revenue Allocation and approved by Parliament, revised periodically. The parameters have included population, an equal share for every county, geographical size, poverty levels and income — weighted so that population carries the most weight and every county receives a floor regardless of size.

15% is a minimum, not a target. Actual allocations have run well above it.

:::checkpoint County A has ten times the population of County B but half its land area. Using the formula parameters above, explain why County B still receives a meaningful allocation, and which parameter does most of that work. :::

The institutions

The National Treasury manages the national government's finances, prepares the budget, and is responsible for economic policy.

The Commission on Revenue Allocation (CRA), under Articles 215 and 216, recommends the basis for sharing revenue between the two levels of government and among the counties. It recommends; Parliament decides.

The Controller of Budget, under Article 228, authorises withdrawals from public funds and reports quarterly to Parliament. This is a control before the money is spent.

The Auditor-General, under Article 229, audits the accounts of every entity funded from public money and reports within six months of the year end. This is a control after the money is spent.

The distinction between those two offices is a standard examination question. The Controller of Budget approves spending in advance; the Auditor-General examines it afterwards. One is a gatekeeper, the other an inspector.

The Intergovernmental Budget and Economic Council is where the two levels of government and the CRA negotiate before the Division of Revenue Bill is introduced.

The funds

The Consolidated Fund receives all money raised or received by the national government, unless another law directs otherwise. Nothing may be withdrawn without the authority of an Appropriation Act and the approval of the Controller of Budget.

The Equalisation Fund, under Article 204, receives one half of one per cent of national revenue, based on the most recent audited accounts. It funds basic services — water, roads, health facilities, electricity — in marginalised areas, to bring them to the level enjoyed by the rest of the nation.

The Contingencies Fund meets urgent and unforeseen expenditure, subject to later approval by Parliament.

County Revenue Funds receive each county's equitable share together with its own locally raised revenue.

Responsibilities of public officers

The PFM Act makes named individuals personally answerable:

  • Accounting officers are responsible for the resources of their entity and may be held personally liable for irregular expenditure
  • Receivers of revenue account for the revenue they collect
  • All must keep proper records and submit reports within statutory deadlines

Personal liability is the mechanism by which the Act tries to make accountability real rather than institutional.

:::checkpoint A county receives its equitable share late, having already committed to salary payments. Identify which institution approves the withdrawal, which one will later examine whether it was properly spent, and where the county may raise the delay. :::

Next in Public Finance and TaxationThe Budget Process and Public Debt