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"id": 1565892,
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"content": "May 21, 2025 SENATE DEBATES 47"
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{
"id": 1565893,
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"content": "If we do not do that, we will end up with situations whereby irrespective of the corruption in the county governments, which needs to be dealt with by law enforcement and punished ruthlessly, when you look at the percentages of money that goes to the county governments, we have not unbundled enough money to follow functions that have been devolved. Other than just costing devolved functions, which is important, we also need to look at the legal framework that was put in place by the National Assembly before the Senate came into existence, to ensure that there is equity and adherence to the law within that legal framework. Otherwise, we shall continue giving county governments a raw deal in terms of the equitable share. In supporting this Bill, Mr. Temporary Speaker, Sir, I reiterate that if possible, the Committee on Finance and Budget of this House should take time to get the proper legal assistance – we have got very good lawyers in this place – to see how these laws can be amended or challenged to ensure that we use the latest audited accounts of the Auditor- General. The question of approval by the National Assembly expires before the Auditor- General comes in. There is no room for approving or rejecting a report of the Auditor- General. We only implement it. Mr. Temporary Speaker, Sir, I can see that my time is up. I thank you for the opportunity. I support the Bill with those qualifications that the committee seeks to anchor the current Division of Revenue Bill on the accounts of the Financial Year 2023/2024, which have already been audited and taken more than three months since the report was submitted to Parliament. Therefore, the National Assembly has lost the capacity to do anything with them. They run as they do. Even if they were to do anything with them, it could only implement the report. It does not approve, review or do anything. It does not change or add a comma or dot the i’s and cross the t’s. The report is final and that is what should be used to determine the ratio of---"
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"id": 1565894,
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"speaker": null,
"content": "(Sen. Okiya Omtatah’s microphone went off)"
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"id": 1565895,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1565895/?format=api",
"text_counter": 310,
"type": "speech",
"speaker_name": "Sen. Wakili Sigei",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Sen. Omtatah, your time is up. Being an astute public interest litigant, I propose that the proposals that you have made in your submissions go into proposals that will guide the eminent legal minds towards asking the House to seek for those proposals in amendments to the relevant law, so that we speak in one voice. Please, do not leave it to lawyers only. You are one such honorary practitioner by virtue of public litigation that you are doing."
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"type": "speech",
"speaker_name": "Sen. Wakili Sigei",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": "Next is Sen. Peris Tobiko."
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"id": 1565897,
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"speaker_name": "Sen. Tobiko",
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"speaker": null,
"content": "Thank you, Mr. Temporary Speaker, Sir. Let me take this opportunity to add my voice to the debate on the Division of Revenue Bill, 2025. Members have exhaustively addressed this Bill on the equitable share, that has been allocated to the counties in the Financial Year 2025/2026. I agree with Sen. Omtatah that there is an increment from last time’s figure, which was approximately Kshs387 billion to the current Kshs405.1 billion. The nominal"
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"id": 1565898,
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"text_counter": 313,
"type": "speech",
"speaker_name": "Sen. Tobiko",
"speaker_title": "",
"speaker": null,
"content": "The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
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"id": 1565899,
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"speaker": null,
"content": "May 21, 2025 SENATE DEBATES 48"
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{
"id": 1565900,
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"speaker": null,
"content": "increase is appreciated. However, we still have a long way to go. Although the Constitution prescribes that a minimum of 15 per cent goes to our devolved units, it has never put a capping that it must remain at 15 per cent. It can and should go higher. Mr. Temporary Speaker, Sir, why do I say this? Kenyans would want to see counties working. They would want to see our devolved units being viable, attractive and delivering for Kenyans, so that we realize the benefits of the 2010 Constitution. The spirit and bottom line of the 2010 Constitution was equity across the country. It was so that across Kenya, we can experience development, service delivery, opportunities at the local level for Kenyans, be it at Turkana County, so that, a Kenyan who is in Turkana has opportunities to work at their counties, and the same case applies to all other counties. For our counties to be able to deliver on the very functions that have been prescribed by the Constitution, address and deliver health services, make the facilities, equip them and provide medical supplies, as well as pay qualified personnel for these facilities, they need a lot of these resources, much more than the Kshs405 billion that has been allocated now. However, we accept and appreciate that we are making steps every other time. We are increasing and progressing and this gives us hope. However, still, we are far from it, because when they say it should be 15 per cent of the last audited accounts, and they go ahead to say this is based on the Financial Year 2020/2021 audited accounts, then there are question marks. You query because the last audited accounts are for the Financial Year 2023/2024. Mr. Temporary Speaker, Sir, sometimes I have asked myself about what happens with the 85 per cent of the revenue that is left at the national level. We are not seeing mega projects being handled at the national level. By now the Expressway which ends at Mlolongo should have been extended beyond Kitengela, maybe reaching Isinya, so that we sort out the gridlock at Kitengela. We want to see mega projects like the Standard Gauge Railway (SGR) fully functional. The SGR cuts across a very big part of Kajiado County, starting from Emali to Sultan Hamud, through to Kalembwani, Kiu, coming all the way to Mavoko, and even beyond from now where we border Sen. Maanzo at Emali, all the way to Mombasa. However, when you look at the SGR, it is not operating at full capacity. There were stations that were done along the railway line, but right now, they are white elephants because they are not functional. I should be taking the SGR at Stoni Athi or at Konza, go to Mombasa and alight at Konza and go to my home. However, we see those beautiful stations, and right now they are occupied by lizards because they are not functional. What I am trying to say is that even the 85 per cent that is left at the national level should be accounted for. We should see projects that are benefiting Kenyans. Kenya has a port and it is used by neighbouring countries. I do not know if majority of Kenyans know that we do not even have a shipping line. We do not even have our own fleet of ship and neither do we have at our airports what we can pride ourselves in as a national airline. Kenya Airways, which we pride ourselves with, is really not a national airline. It is a private enterprise. Kenyans would want to pride themselves like our neighboring countries. Ethiopia today has a fleet and Uganda has a number. You wonder why a powerful economic bloc like Kenya, does not. Even as we support the little that goes to"
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"speaker": null,
"content": "The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
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