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"speaker_name": "Sen. Halake",
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"legal_name": "Abshiro Soka Halake",
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"content": "Madam Deputy Speaker, the clarity is as follows: Delimitation is the mandate of the IEBC, but Wanjiku, Cherop and Nduku have a right to propose what they would like. Unless you have an issue with the proposals as given to the proponents, then it is something that at the sovereignty of Wanjiku, she has a right to propose anything under the sun. That includes what is mandated of Senators and the IEBC in our Constitution. That is my clarification. Let me now quickly move to last year’s issue of revenue allocation. On 17th September, 2020, the Third Basis for Revenue Allocation among counties was adopted by the Senate, pursuant to Article 217(1) of the Constitution. The Division of Revenue Bill, 2021, which was before Parliament, was drafted to account for the third basis for revenue sharing. The Committee has observed that the amendment to Article 203 did not pronounce itself on the fate of the Third Basis for revenue sharing, which was developed on the basis of Article 203, as presently rendered in the Constitution. As a result, if the Bill is passed while the Third Basis for Revenue Sharing among counties remains in place, there will be two conflicting constitutional provisions on revenue sharing. Going on, with these findings, what has been emphasized and the observation on the Constitution provides that every five years, the Senate shall by resolution determine the basis for allocation of revenue among counties. I do not see how that is a contradiction because for the next five years, what we agreed in September, 2020 will hold. At the end of the five years, the Senate under Article 217(1) of the Constitution will determine a new basis. Again, Madam Deputy Speaker, I wish to bring to the attention of the House and the country that it is incorrect for the Committee to confuse us on this basis. We already have a basis that will run to the end of the five years. At that time, this issue, under Article 217 of the Constitution, will be revisited with new realities under a new context and dealt with conclusively, as was done in 2020. On that account, I support. I know that my time is running out, but I have quite a few other things to say. Having said that, I laud the Committee for a having gone through"
}