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{
    "id": 1021434,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1021434/?format=api",
    "text_counter": 10,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Members, I wish to inform the House that I am in receipt of a letter from the Cabinet Secretary (CS) for the National Treasury and Planning, seeking the approval of the House for the release of 50 per cent of the equitable share of the national revenue that was allocated to the county governments in the Division of Revenue Act 2020 to the 47 county governments. In the letter, the CS notes that the request was based on a legal opinion from the Attorney- General. The letter advises that a proposal by the National Treasury to release 50 per cent of the equitable share of revenue allocated to county governments in the Division of Revenue Act 2020 may only be done with the express authority of the National Assembly, pending the passage of the annual County Allocation of Revenue Act. The same is a withdrawal of funds from the Consolidated Fund. The advice of the Attorney General is drawn largely from the advisory opinion of the Supreme Court in reference to No.3 of 2019, which guided both Houses of Parliament on the appropriate course of action in the event of an impasse over the passage of a Division of Revenue Bill, as was the case during the last session of the 12th Parliament. Hon. Members, it is notable that the advisory opinion of the Supreme Court was specific to the Division of Revenue Bill 2019, in which case the court allowed the National Assembly to authorise the disbursement of monies to the counties in specific circumstances; one being whenever there is an impasse over the passage of a Division of Revenue Bill. Consequently, as indeed observed by the Attorney-General, the guiding advisory opinion of the Supreme Court in reference to No.3 of 2019 may not be applied to a scenario other than that which was contemplated by the court at the time. Hon. Members, in view of this and the request by the CS, therefore, the question that arises is: “What decisive steps can the National Assembly take to address the situation, noting that the delay in the passage of the County Allocation of Revenue Bill 2020, due to the stalemate on the third formula on allocation of revenue to counties, is likely to stifle the operations of the county governments?”. In answering this question, one must examine the law, in particular the 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."
}