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{
    "id": 1018113,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1018113/?format=api",
    "text_counter": 305,
    "type": "speech",
    "speaker_name": "Mandera East, EFP",
    "speaker_title": "Hon. Omar Mohamed",
    "speaker": {
        "id": 13416,
        "legal_name": "Omar Mohamed Maalim Hassan",
        "slug": "omar-mohamed-maalim-hassan"
    },
    "content": "projects that are beneficial to locals at the ward level. It also has modalities of resource allocation to the projects, implementation and oversight of the identified projects. The Bill is premised on Article 174 of the Constitution, which sets out the objects of devolution, among them being: (a) To give powers of self-governance to the people and enhance the participation of the people in the exercise of the powers of the State and in making decisions affecting them. (b) To promote social and economic development and the provision of proximate, easily accessible services throughout Kenya. (c) To ensure equitable sharing of national and local resources throughout Kenya. Part II of the Bill provides for the identification of ward-based projects for equitable development within the counties. Each county government is required to allocate its resources equitably across all the wards in the county, prioritising the marginalised areas within the county. The county executive committee (CEC) is to develop criteria for allocation of resources and, in doing so, ensure that the allocation is not less than 15 per cent of the county government’s allocation for development expenditure as provided for under Section 107(2)(b) of the PFM Act. The allocation criteria selected by the CEC must be presented to and approved by the county assembly. The responsible CEC member is to ensure and coordinate public participation by residents of the county in identifying development projects for implementation in their respective wards. This is to be done in collaboration with the respective village councils and village administrators. The CEC member thereafter consolidates and submits the proposals received to the CEC for prioritisation and determination of projects for implementation in each ward. The CEC is to prioritise projects determined as marginalised or requiring special or urgent intervention. Clause 10 of the Bill provides that the identified projects be included in: (a) The development plan provided for under Section 126 of the PFM Act. (b) The county fiscal strategy paper. (c) The county budget estimates provided for under Section 13 of the PFM Act. Part III of the Bill speaks to implementation of projects. Clause 12 provides further guidelines regarding funds allocated to ward development projects. Part IV of the Bill provides for oversight and reporting requirements. Clause 13 precludes a county assembly from approving a county plan or budget that does not clearly indicate the manner in which the resources have been equitably distributed across the wards in the county. A CEC member is required to maintain accurate reports with respect to the projects and submit to the county assembly quarterly reports which shall be scrutinised by the relevant committee of the county assembly. Clause 17 of the Bill makes it an offence to misappropriate any funds or assets from the funds. Clause 18 specifies the matters on which county governments may legislate in relation to ward development projects. Hon. Temporary Deputy Speaker, pursuant to the above, the Bill was subjected to public participation in accordance with the provisions of Article 118 (1) (b) of the Constitution of Kenya and Standing Order No.127(3). The Committee invited submissions from members of the public via advertisements in the daily newspapers on 17th October 2019 and submissions were only made by the NG-CDF Board. It is important to mention that the Board submitted the proposed Bill with duplicates of the County Government Act and the Public Finance Management Act for review. There are sufficient provisions in both Acts to deal with the issues that the Bill is purporting to address. The Committee was alive to the fact that as a Bill originating from the Senate, the Senate conducted its own public participation. It is on these primaries that the Committee considered submissions from various organisations submitted to the Senate. These include: 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."
}