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Written by

Okinda Benjamin

May 25, 2026

5 min read

Lawyer Otieno questions Revenue estimates in budget process

"Otieno said that it is within those estimates that Treasury quietly accommodates excessive borrowing, inflated projections, and fiscal gaps that later become justification for punitive taxation."

Lawyer Otieno questions  Revenue estimates in budget process background
Lawyer Otieno questions  Revenue estimates in budget process

A Nairobi-based lawyer and political commentator, Willis Evans Otieno, has raised concerns over what he terms the “silent treatment” of government revenue estimates, arguing that public debate has been disproportionately focused on the Finance Bill while key fiscal planning documents remain largely ignored.

In remarks shared on social media, Otieno said the Finance Bill has been misunderstood as the central pillar of government revenue planning, insisting that its role is limited and not always required annually.

“The Finance Bill is NOT the Estimates of Revenue. In fact, a Finance Bill is not even mandatory every year. Its purpose is only to either cover a revenue shortfall or reduce the tax burden where necessary,” he said.

Otieno questioned why the Estimates of Revenue and Expenditure, which outline government’s projected income and spending for each financial year, rarely attract the same level of scrutiny as tax legislation.

He argued that the real fiscal assumptions guiding Kenya’s budget—particularly on borrowing and projected collections—are embedded in these estimates, yet remain largely outside public debate.

“So why are the real Estimates of Revenue rarely subjected to serious public scrutiny? Because that is where the truth about government financing is hidden,” he added.

According to him, the documents often contain “inflated projections” and fiscal gaps that later justify increased borrowing and additional taxation measures. “It is within those estimates that Treasury quietly accommodates excessive borrowing, inflated projections, and fiscal gaps that later become justification for punitive taxation,” Otieno said.

His remarks come at a time when Kenya’s fiscal policy continues to face intense public scrutiny amid rising debt levels, higher taxes, and increasing cost-of-living pressures affecting households across the country.

Official data from the National Treasury indicates that Kenya’s public debt has risen sharply over the past decade, climbing from about KSh 5 trillion in 2015 to over KSh 11.8 trillion currently, driven by both domestic and external borrowing used to finance infrastructure and recurrent expenditure. Economists warn that a growing share of ordinary revenue is now being directed toward debt servicing, limiting fiscal space for development spending and essential public services.

The strain has been reflected in higher taxation measures and tighter government expenditure, with households reporting increased pressure from fuel costs, transport fares, and deductions linked to new fiscal policies.

Kenya’s budget process typically involves two key instruments: the Budget Estimates, which set out expected revenue and expenditure for the financial year, and the Finance Bill, which proposes amendments to tax laws to help raise the required revenue.

In recent years, the Finance Bill has become a flashpoint for public protests and political contestation, most notably during the 2024 tax protests, where sections of proposed tax measures were withdrawn following public pressure.

However, fiscal analysts note that the underlying budget estimates—where revenue forecasts, expenditure ceilings, and borrowing requirements are first set—receive comparatively less public attention, despite effectively shaping the country’s fiscal direction.

The National Treasury has consistently defended its revenue projections and borrowing strategy, arguing that debt is necessary to finance development projects, including infrastructure, housing, and energy expansion programmes.

Otieno further argued that public debate is often diverted toward taxation proposals, while broader questions about revenue expectations and borrowing trends receive less attention.“Kenyans are constantly distracted by tax proposals while the deeper question remains untouched: How much revenue does government genuinely expect to collect, and why does borrowing continue rising regardless?” he posed.

His comments add to a growing national conversation on fiscal transparency, with analysts calling for greater public engagement in the formulation and interrogation of budget assumptions, including revenue forecasts and debt projections.

 

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