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{
    "id": 1106615,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1106615/?format=api",
    "text_counter": 242,
    "type": "speech",
    "speaker_name": "Sen. Omogeni",
    "speaker_title": "",
    "speaker": {
        "id": 13219,
        "legal_name": "Erick Okong'o Mogeni",
        "slug": "erick-okongo-mogeni"
    },
    "content": "Mr., Temporary Speaker, Sir, I would like to begin by congratulating the Senator for Mombasa County, Sen. Faki, for the good work that he is doing as the Chairperson of the Committee on Delegated Legislation. He has kept the Senate busy with reports. Unfortunately, I join hands with Sen. Mutula Kilonzo Jnr. in putting on record my strong reservations on these regulations. I would like to begin by applauding the good work that the Judiciary of the Republic of Kenya on attempts by the National Government to have a claw back on devolution. There have been systematic attempts by the National Government to take over the functions that under the Constitutions are a preserve of the county governments. I hope that the Senators can read carefully the findings of the High Court in the High Court Petition No.272 of 2016. That is the decision that nullified the regulations that were gazetted through Legal Notice No1711 of 2015. The holding of that three-bench court was the Equalization Fund being for the benefit of marginalized counties can only be disbursed by the National Government through respective and affected county governments. Mr. Temporary Speaker, unfortunately when you read through these regulations it is unfortunate that we have turned the implementation of these regulations to be the work of the NG-CDF and Members of Parliament. Why should the Senate cede these functions to Members of the National Assembly? We do not sit in the CDF. We do not have representatives in the NG-CDF. If you read about the County Technical Committee, why should you have the NG- CDF manager? What is his role? Why should a NG-CDF manager come to sit in a fund that is trying to put in place the Equalization Fund? It does not make sense. Why is the chairperson of the NG-CDF who already has a defined mandate being brought to sit in the County Technical Committee?"
}