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"speaker_name": "Sen. Wambua",
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"legal_name": "Enoch Kiio Wambua",
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"content": "Thank you, Madam Temporary Speaker, for this opportunity to contribute to this important Bill. From the onset, I declare that I am in support of the Bill. As I support it, I am doing so while at the same time, proposing amendments to it. My colleagues have spoken very well on it. So, I do not need to repeat what has been said. I will only emphasize three things. First, in my considered opinion, the Senator for Mandera, who is the Chair of the important Committee, should consider deleting Clause 6 and the Third Schedule from this Bill, so that we are left with clarity on what we need to do. My last experience with this kind of Bill is that in 2019 and 2020, when there were issues of COVID-19 and locusts, and donors and development partners came calling, there was a serious conflict between county governments and the national Government on the utilization of funds especially for mitigation on the COVID-19 and the locust. Some of the conflicts arise when innocently, the Houses of Parliament pass Bills that are clouded and, therefore, giving room for interpretation in different ways. There is sufficient clarity in Article 204 of the Constitution in relation to the Equalization Fund. Clause 1 is very specific on the amount of money that the Equalization Fund kitty should have. Clause 2 is clear on the areas where that money should be invested such as water, roads, health and electricity. The whole idea behind the Equalization Fund is to raise the living standards of residents in marginalized areas and bring them to a level that is almost at par with other areas that are comparatively more privileged. This is important for Senators and Members of the National Assembly to hear. When it comes to the appropriation for the use of the funds in the Equalization kitty, according to the Constitution, appropriation is a shared function between the National Assembly and the Senate. It should not get to that point, if it will, that because this Fund will be utilized by the national Government. An argument then is brought here that the National Assembly has exclusive right to appropriate on it because it is the national Government to implement."
}