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{
    "id": 1018114,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1018114/?format=api",
    "text_counter": 306,
    "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": "(i) International Budget Partnership; (ii) the Commission of Revenue Allocation; (iii) the Controller of Budget; (iv) the Uasin Gishu County Assembly; (v) Mr. Dominic Mboya, Youth Representative, Homa Bay County; (vi) the Institute of Certified Public Accountants of Kenya; (vii) the County Assemblies Forum; (viii) the National Treasury and Planning; and, (ix) the Council of Governors. Hon. Temporary Deputy Speaker, most importantly, the Committee took note of the National Treasury’s submissions and observed that the objects that the Bill proposes to address have been adequately covered by the Constitution of Kenya, 2010, the County Government Act, 2012, and the Public Finance Management Act, 2012. The Constitution provides the guiding principles and framework of devolution and public finance. In addition, it provides for the Equalisation Fund. Section 3 of the County Government provides for inter-alia the same objects as enumerated in the Bill. The Public Finance Management Act has an elaborate framework for financing county government budget execution, monitoring and oversight. It is not clear what legal gap the Bill is addressing outside the existing legal and regulatory framework. The Bill negates the fiscal powers of county governments to plan, budget, spend and report on revenue allocated pursuant to Sections 202 and 203 of the Constitution. Clause 5(3)(a) of the Bill proposes an allocation of not less than 15 per cent of county government allocations of development expenditure to ward-based projects. The Constitution contemplates that county government should plan, budget, spend and account for the revenue independently. Legislation on formula for sharing revenue amongst some units of county governments as proposed by the Bill is tantamount to taking away the fiscal powers of county governments to determine the allocation of resources amongst the various county government units. Therefore, the Committee recommends that the County Ward (Equitable Development) Bill (Senate Bill No.34 of 2018) should not be proceeded with as it is unnecessary since there are adequate and existing laws on fiscal decentralisation. The subsisting law has a clear and elaborate framework of financing county governments, budget execution, monitoring and oversight. There is no legal gap that the Bill is addressing outside existing legal and regulatory frameworks. With those remarks, I beg to move. I request Hon. Thuku, the Member for Kinangop, to second."
}