A leading constitutional lawyer has condemned revelations that the Office of the Spouse of the Deputy President reportedly spent Sh44.52 million without any appropriation approved by the National Assembly, describing the conduct as a serious breach of public finance law.
In a statement released on Wednesday, Nairobi‑based advocate Willis Otieno said the expenditure cannot be dismissed as a mere clerical error or administrative oversight.
“If the Office of the Spouse of the Deputy President, associated with Joyce Njagi, spent Sh44.52 million without an appropriation approved by the National Assembly of Kenya, then we are not dealing with a minor administrative oversight. We are dealing with a direct breach of public finance law,” Otieno said.
Under Kenya’s Constitution, Otieno emphasised, public monies cannot be spent without parliamentary approval.
“That principle exists precisely to stop informal offices and political patronage networks from quietly drawing funds from the Treasury,” he added.
The legal expert raised three immediate questions emerging from the audit findings:
Origin of Funds: Otieno asked, “From which vote or ministry did the money originate?” He noted that public funds do not move by accident and that there must be a clear record of the vote head, suggesting scrutiny into whether any ministry authorised the transfer.
Authority for Expenditure: The second question, he said, concerns who signed off on the spending.
“The Public Finance Management framework requires clear accounting officers and documented authority,” Otieno said, urging the Controller of Budget and Auditor‑General to publish supporting documents showing who authorised the withdrawals and why.
Legal Status of the Office: Thirdly, Otieno pointed to a grey area in Kenya’s fiscal architecture.
Unlike constitutionally recognised offices such as the President, Deputy President, or parliamentary commissions with clearly defined budget lines, the “Office of the Spouse of the Deputy President” does not exist as a constitutional or statutory office with automatically appropriated funds.
“This situation exposes a broader problem in Kenya’s governance: informal political offices operating with public resources but without formal legal accountability,” he said.
Otieno warned that unchecked spending by such offices could erode fiscal discipline and set dangerous precedents for future administrations.
The lawyer urged parliamentary committees on public accounts and finance to summon officials from the Office of the Deputy President and the Controller of Budget to explain the irregularities.
He also called for legal reforms to close loopholes that allow off‑budget units to access state funds without legislative oversight.
The Controller of Budget’s latest report first flagged the Sh44.52 million unapproved spend, drawing criticism from civil society and opposition politicians over transparency and accountability in government spending.