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{
    "id": 1151286,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1151286/?format=api",
    "text_counter": 201,
    "type": "speech",
    "speaker_name": "Sen. Olekina",
    "speaker_title": "",
    "speaker": {
        "id": 407,
        "legal_name": "Ledama Olekina",
        "slug": "ledama-olekina"
    },
    "content": "I have no problem with that. I hope that Senior Counsel, Sen. Omogeni, would listen to this because there is some sort of inconsistency in this Bill. Section 6(2) states that- “The respective county assembly shall appropriate such monies as may be required for the transferred functions in accordance with the determination made under subsection (1) and the allocation shall not be less than the amount appropriated by the county assembly in the preceding financial year.” Then it proceeds in Section 6(3) to state- “The monies appropriated under subsection (1), shall be transferred to the national Government.” Mr. Speaker, Sir, if you read Article 187, the constitutional responsibility of that transferred function remains with the government that has been assigned by Section 4 of the Bill. So then, why does the county government transfer money into the national Government for it to carry out that function? If the county government is to transfer that money to the national Government, Clause 6(4) of the Bill continues to say that- “A national Government entity to which a county government function has been transferred shall submit a quarterly report to the Senate and the respective county assembly on the status of the discharge of the devolved function.” Mr. Speaker, Sir, what happened to the executive and the county governor? It is not the assembly. It is the county governor who has the responsibilities of delivering those functions. What happened to the issue of constitutionality? If you report to the county assembly because it will double check, what about the county governor, who has to carry out those functions? Mr. Speaker, Sir, I hope that this can be clarified. When I read this, I am a little bit concerned. Furthermore, it says in Clause 6(5) that- “The Auditor-General shall, no later than, three months after the end of a financial year, prepare a special audit report on the financial and non-financial performance of an entity to which a county government function has been transferred.” Mr. Speaker, Sir, we did not see anything like that in the last financial year. In my view, I could be wrong. One thing that ought to be done is that the county government that transfers function to a national Government should submit a status report to the executive of that county government, of the function that they have carried out. That would then be combined and carried out as per Section 35 of the Public Audit Act. You now have two audits being carried out. One audit is on the functions that have been carried out by the national Government and the other is on the functions that have been carried out by the county government. Mr. Speaker, Sir, then you bring the question of Own Source Revenue (OSR), where other people say that the Senate cannot oversight. You bring the question of those functions of the national Government. The people who are supposed to oversight the national functions is not the Senate but the National Assembly. Mr. Speaker, Sir, I hope that this matter can really be clarified. There is a lot of confusion in both the way these functions are transferred and who is supposed to oversight them."
}