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{
    "id": 1119674,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1119674/?format=api",
    "text_counter": 351,
    "type": "speech",
    "speaker_name": "Sen. Olekina",
    "speaker_title": "",
    "speaker": {
        "id": 407,
        "legal_name": "Ledama Olekina",
        "slug": "ledama-olekina"
    },
    "content": "What is happening in Nairobi City County today is an illegality because there is no clear legislative process on how transfer of functions should be managed or how the reporting mechanism should be outlined. When you read Article 187(2)(b), it is quite clear on who has got the constitutional responsibility of a transferred function. I have always been on record saying that NMS is an illegal entity and those who are busy carrying out this illegality will end up paying if and when we have a Government that respects the rule of law. Article 226(5) of the Constitution is clear on the responsibility of the mismanagement of funds. Mr. Temporary Speaker, Sir, because of lack of this amendment to the Intergovernmental Relations (Amendment) Bill or Act, today NMS is behaving as if they are, indeed, the county government. If you touch NMS, you are touching very powerful people in this country. I have just heard from the Chairperson that the National Treasury is now sending money directly to NMS instead of the county government as per the law. This is shocking. When you read the Public Finance Management (PFM) Act and the Constitution in Article 219, it is clear on where the funds should be sent. They should be sent directly to the county government. The county government having transferred these functions and having budgeted for all those functions, transfers the budgeted amount to NMS. However, that is not what is happening. Tomorrow another illegality will still come up. Tomorrow NMS will be launching what they are calling the Nairobi Revenue Services assisted by the Kenya Revenue Authority (KRA). Nairobi City County Government should be spearheading this process. The importance of this legislation - I hope Sen. M. Kajwang will be able to add or expound into the amendments - is that once it is in place, it will be very clear even in the Senate and an oversight body like the National Assembly on who to summon to be accountable."
}