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{
    "id": 704378,
    "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/704378/?format=api",
    "text_counter": 276,
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    "content": "basic infrastructure necessary for any society to develop and that is why this Fund targets basic infrastructure like water, roads, health and electricity. If this is availed to all parts of this country, all Kenyans will have an infrastructure to build on. We have two levels of Government which share functions. The way the article on the Equalisation Fund is crafted, it is clear that the national Government is the one to collect the revenue. It can either implement directly where it has the capacity or may use the Fund directly or indirectly through the conditional grants to the counties in which the marginalised communities exists. It was clear that it is either the national Government to do it directly or give it as conditional grants to the county government, which will make sure that the money is spent for a particular purpose. The national Government does not have the leeway of doing whatever it wants. That safeguards the usage of the Fund. Madam Temporary Speaker, it is clear that it has to be passed through an Appropriation Bill by Parliament, which is done by the National Assembly. The Members of the National Assembly think that since they are used to controlling public funds, which I believe is unconstitutional--- They cannot be the ones legislating and at the same time executing the projects. They have done it through the Constituencies Development Fund, which was ruled to be unconstitutional. We also know that they control part of the roads funds which are disbursed through the Kenya Rural Roads Authority. Now, they still feel that there is something for them in the Equalisation Fund. While Kenyans are moving away from duplication of functions and responsibilities, they still feel that they can add more to themselves from the Equalisation Fund, yet we already have problems with how the National Government Constituencies Development Fund money is spent. It is a Fund that is patronised by the persons who are supposed to oversight its expenditure. Therefore, when it is misappropriated, nobody complains. That is why the Members of the National Assembly have been claiming that the National Government Constituencies Development Fund is used well. However, it is misused by the persons who are supposed to oversight it; there is nobody else to raise the red flag. When there are acts of misappropriation in the national Government, there are many people to raise the red flag, but when it comes to National Government Constituencies Development Fund, the implementer is the same person who is supposed to oversight. That is why we think that the National Government Constituencies Development Fund is doing well. In some parts of this country, that is pocket money of the Members of the National Assembly. Madam Temporary Speaker, by adding this Fund in that category, it will increase the marginalisation which it is supposed cure. As I speak, in the Financial Year 2016/2017, an Appropriation Bill has been passed and these funds have been factored. The question is: How that was done? The information we have is that the Appropriation Bill prescribes projects in each constituency and the cost. How was that reached? Where are the regulations for the expenditure of the Appropriation Bill? These are things which are being done by the National Treasury in collaboration with the National Assembly without informing this House, yet it is this House which is supposed to deal with the county issues. The marginalisation in counties and the areas to be covered are county functions. There is a misapplication of law because this House has already been bypassed. I remember when the issue came up, I asked the Chairman of the Committee on Finance, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate"
}