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"type": "speech",
"speaker_name": "Sen. Faki",
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"legal_name": "Mohamed Faki Mwinyihaji",
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"content": "office is inexistent. We will also have four technical officers from the Ministry to prioritise funding, chairperson of project identification and implementation committee and the NG-CDF secretary. To wrap it up, the project identification and implementation committee shall provide oversight on project implementation. It shall comprise of assistant sub-county commissioner, chairperson and village administrators of marginalized areas. The two offices have been contested by the CoG that they are inexistent. It is said that some villages have no village administrators. We will also have a representative of special interest groups, a representative of the NG-CDF committee, member of the sub-county level and representative of religious groups or local Non-Governmental Organisation (NGO) with an office at the ward level. In conclusion, therefore, the committee observed that the Regulations are to facilitate completion of ongoing projects and commencement of new projects in the marginalized areas before the lapse of the 20-year period, as provided for under Article 204(6) of the Constitution. We have already lost about 11 years since the Fund was established and the projects have not been implemented. Further, the regulations will enable the release of payment for completed projects, which have not been paid for since they were completed. The regulations provide for project identification and implementation committees as recommended by the Commission on Revenue Allocation (CRA). In the Second Marginalization Policy, the CRA recommended that the Equalization Fund Advisory Board establishes approximately 360 implementation units at the division level and transfers funds directly to it. Thirdly, the regulations have brought on board the county governments of the marginalized counties in the management of funds. The Equalization Fund Advisory Board will include a person nominated by the CoG drawn from the areas identified as marginalized. This addressed one of the issues raised by the CoG with regard to constitutionality of management of the Fund. The regulation provides for implementation of both ongoing and new projects. This is important to avoid continued stalling of projects that were ongoing prior to the court order. The key stakeholders were consulted during drafting of the regulations, but still they had various concerns on the public regulations that need to be addressed for effective implementation. The concerns brought before the Committee by stakeholders were different from those that the stakeholders had raised during consultations with the National Treasury. The court had directed that the National Treasury should prepare an appropriate statutory instrument within six months from the date of the judgement, which was delivered on 5th November, 2019. The National Treasury is, therefore, under strict timelines issued by the court on the urgency of the Regulations, as funds need to be disbursed to the counties to ensure there are services to the citizens. The National Treasury gave an undertaking that the necessary amendments will be made to the regulations within six months after approval by the Senate."
}