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{
"id": 1498212,
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"type": "speech",
"speaker_name": "Nandi Hills, UDA",
"speaker_title": "Hon. Bernard Kitur",
"speaker": null,
"content": " Thank you very much, Hon. Temporary Speaker, for allowing me to contribute to this very important Bill - the County Governments (Revenue Raising Process) Bill. This is a very timely Bill. It breathes life into Article 209 of the Constitution. It provides for how county governments can work with the national Government on revenue-raising measures. Article 209 on power to impose taxes and charges states that county governments must have taxes that allow national mobility of goods, services, capital or labour and equity across their counties. When I say this Bill is timely, it is because it is before us now. It is going to create the harmonisation of how county governments will impose taxes. There will be no more haphazard imposition of taxes. If any county wants to impose a tax, there will be a set-out means of doing so. It will have to explain why it wants to impose a tax or levy, amongst many other things that it will have to explain. It also has to submit the same to the national Treasury. The Inter-Agency Transitional Committee – to me, it is very representative – will have the national Treasury officials, the Commission of Revenue Allocation (CRA), the Inter-governmental Relations Technical Committee (IGRTC) - which works to actualise what has been given for the county governments and the national Government to work together - the Council of Governors (CoG), and the Kenya Revenue Authority (KRA), which is the body that excises taxes. When all those agencies work to make sure that any tax that any county imposes is harmonised, it will create a level playing ground in this nation in terms of taxation. I am also impressed that the Committee has been given a two-year period to harmonise the various county taxes and levies. The period can still be extended if it does not finish its job within that time. However, this indicates that in under two years or so, we will have a very harmonised tax regime in various counties in our country. That, to me, means a lot. We have had cases where county governments have, sometimes, engaged the revenue authority or any other designated persons for revenue collection. In some counties, business tills and pay bill numbers have been created for various things. We have been told that, sometimes, the payments are re-routed to private entities. Those are some of the things that this Bill will cure."
},
{
"id": 1498213,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1498213/?format=api",
"text_counter": 373,
"type": "speech",
"speaker_name": "Nandi Hills, UDA",
"speaker_title": "Hon. Bernard Kitur",
"speaker": null,
"content": "The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
},
{
"id": 1498214,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1498214/?format=api",
"text_counter": 374,
"type": "speech",
"speaker_name": "Nandi Hills, UDA",
"speaker_title": "Hon. Bernard Kitur",
"speaker": null,
"content": "I want to mention a bit about the transitional provisions, especially where it says that within three months upon commencement of this Act, a county government shall submit a list of all taxes, fees and charges that are imposed prior to the commencement of this Act to the Cabinet Secretary for onward transmission to the Inter-agency Transitional Committee. What that means is that any of the taxes or levies that will not meet Article 209(5) of the Constitution will be cured by that Committee. As I have said, that will harmonise and clean up the uneven landscape of the tax regimes in various counties. On the aspect of waivers and variations, indeed, those existed in the past, where waivers were not well articulated. At times, they were not done based on a proper policy and in an objective manner. In this part, there are no taxes or licence fees. There will be no waivers unless a record of why they are being granted is provided. They will be reported to the Auditor- General within three months when they are granted. This means that there is a procedure that has to be followed for any waiver to be granted. It must also explain the economic impact of such variations or waivers, including potential shifts in tax burden and benefits. Any variation and waivers that have to be made must be done in an equitable manner. It will not be on the whims or feelings of the political class. It shall be standardised. When I look at all this, it is a very timely Bill that will even the tax regimes and guide how the county governments will continue to impose taxes. The business people will have a predictable environment when they are doing their business. I thank you, Hon. Temporary Speaker. I support this Bill."
},
{
"id": 1498215,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1498215/?format=api",
"text_counter": 375,
"type": "speech",
"speaker_name": "Hon. Omboko Milemba",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 13328,
"legal_name": "Jeremiah Omboko Milemba",
"slug": "jeremiah-omboko-milemba"
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"content": " Hon. Wilberforce Oundo."
},
{
"id": 1498216,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1498216/?format=api",
"text_counter": 376,
"type": "speech",
"speaker_name": "Funyula, ODM",
"speaker_title": "Hon. (Dr) Ojiambo Oundo",
"speaker": null,
"content": " Thank you, Hon. Temporary Speaker. I seek your indulgence. It is unfortunate that the Mover of the Bill or whoever is representing him is conspicuously absent. Whatever we are talking about here is probably just music to our ears. Nobody cares to listen and ensure that it is transmitted to him. I do not know when you became a representative of the Leader of the Majority Party. This Bill raises fundamental issues that must be interrogated soberly, objectively and devoid of romantic obsession with the day's politics. The country, in its wisdom, created two levels of Government. The people made safeguards to ensure that all levels of Government operate independently and in complementarity. I see this Bill as a mere duplication of the existing Acts of Parliament. I draw the attention of the National Assembly, the Leader of the Majority party and Kenyans that whatever this Bill purports to address or cure is already taken care of under the Public Finance Management Act. Likewise, when you look at the provisions of the Constitution, they are explicitly clear on the processes to be undertaken and followed in the preparation of budgets and imposing revenue collection measures. So, this Bill cures nothing. This year, on 28th June 2024, the National Assembly passed the County Licensing (Uniform Procedures) Act No.8 of 2024. It was assented to by the President on 28th June 2024. It will come into operation on 29th December 2024. Whatever this Bill is trying to do is already covered. When you go to the Public Finance Management Act, all the way from Section 132, which deals with revenue-raising measures of county governments, the processes and stages to be undertaken are explicitly clear. Everybody is wondering about the purpose of this particular Bill. Article 209(3) of the Constitution of Kenya provides that the counties are authorised to raise taxes in the form of property rates. This House passed the mediated version of the National Rating Bill last week, which I believe is already assented to by the President. So, essentially, whatever this Bill purports to cure here is already taken care of by that particular Act of Parliament. The county governments are also authorised to impose entertainment taxes and others that are permitted by legislation. Those aspects are already covered under the County Licensing (Uniform Procedures) Act."
},
{
"id": 1498217,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1498217/?format=api",
"text_counter": 377,
"type": "speech",
"speaker_name": "Funyula, ODM",
"speaker_title": "Hon. (Dr) Ojiambo Oundo",
"speaker": null,
"content": "The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
},
{
"id": 1498218,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1498218/?format=api",
"text_counter": 378,
"type": "speech",
"speaker_name": "Funyula, ODM",
"speaker_title": "Hon. (Dr) Ojiambo Oundo",
"speaker": null,
"content": "Under Articles 209 and 210 of the Constitution, there is nowhere that requires Parliament - the National Assembly or the Senate - to generate any Bill or legislation to guide how the county governments will impose taxes. There are principles of national economic policies, economic activities across county boundaries or national mobility of goods, services, capital or labour. The Constitution does not domicile the determination of whether a tax is against the national economy or policy under its economic activities across the boundaries or affects the mobility of goods and services either in the National Treasury or any amorphous body that is being purported to be here. It does not also recite those powers under the Commission on Revenue Allocation (CRA). The most hilarious part of the Bill is Clause 8. It purports to create an Inter-Agency Transitional Committee to review the taxes, charges and fees that are envisaged under Clause 7 of this Bill. It says the taxes that have been imposed will be taken to be properly imposed. They are imposed in compliance with legislation as provided for under Article 209(5) of the Constitution. The purported Inter-Agency Transition Committee is actually usurping the powers of the Inter-governmental Budget and Economic Council (IBEC) as established under the County Governments Act. What are we talking about? Allow me - and I will seek your indulgence - Section 132 of the Public Finance Management Act, in relation to county governments, says that not later than 90 days after passing the Appropriation Bill, shall the county assembly consider and approve the Finance Bill with or without amendments. The Bill says that if a county government intends to impose any revenue-raising measure, it must submit its proposal to the National Treasury and CRA 10 months before the imposition. However, the Public Finance Management Act talks about 90 days. Is this not a contradiction? Are we purporting to amend the Public Finance Management Act? Then, in that event, the memorandum of objects and reasons of the Bill should clearly state that we are trying to oust the provisions of the Public Finance Management Act and impose a new one. As I said, we are so quick to legislate to resolve a matter of no national importance. Whip of the Minority Party wondered loudly a few hours ago in this afternoon Sitting. When Hon. Millie does that, it should concern the fabric of this nation. Why are we in a hurry to break, fix, spoil and damage things that are working so they do not work? This Bill purports to literally superintend the national Government or National Treasury and county governments in blatant contradiction to the Constitution. Just give me a second to conclude, Hon. Temporary Speaker. Again, under Clause 9(2), the Committee shall, in consultation with the public, review the taxes, charges and fees under section 7 and make recommendations on the allowable list of such taxes, charges and fees to the Cabinet Secretary for consideration. What if the commission or the committee says the fees, licenses, charges and taxes that we imposed prior to the coming into effect of this Bill were unconstitutional, against the public spirit, and were rejected by the people of Kenya?"
},
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"id": 1498219,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1498219/?format=api",
"text_counter": 379,
"type": "speech",
"speaker_name": "Hon. Omboko Milemba",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 13328,
"legal_name": "Jeremiah Omboko Milemba",
"slug": "jeremiah-omboko-milemba"
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"content": " Hon. Oundo, you have had your bite in 10 strong minutes. You have made a very strong case. Let us hear from Hon. Muge."
},
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"id": 1498220,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1498220/?format=api",
"text_counter": 380,
"type": "speech",
"speaker_name": "Hon. Cynthia Muge",
"speaker_title": "",
"speaker": {
"id": 13561,
"legal_name": "Cynthia Muge Rotich",
"slug": "cynthia-muge-rotich"
},
"content": "(Nandi, UDA"
},
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"id": 1498221,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1498221/?format=api",
"text_counter": 381,
"type": "heading",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": ")"
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