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{
    "id": 1186299,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1186299/?format=api",
    "text_counter": 105,
    "type": "speech",
    "speaker_name": "Kikuyu, UDA",
    "speaker_title": "Hon. Kimani Ichung’wah",
    "speaker": null,
    "content": "priority programs for the incoming Government such as the establishment of the Hustler Fund, fertiliser subsidy and pensions. The additional expenditure pressures are estimated at Ksh117 billion. The National Treasury has, however, taken measures aimed at unlocking financing from both external and domestic markets, and there has been notable improvement. Therefore, going forward, the National Treasury will be able to reduce the outstanding unfunded exchequer requests. The National Treasury has also taken note of the Supreme Court decision on Petition No.1 of 2018 delivered on 8th August 2022, in which a declaration was made that the Constituency Development Fund (CDF) Act of 2013 was unconstitutional. It is not clear what the implication of this court decision is on application of NG-CDF Act of 2015. The National Treasury has, therefore, requested for a legal opinion from the Attorney-General on this matter and, in particular, the implication of the Supreme Court decision on the utilisation of NG-CDF budget for the Financial Year 2022/2023. The National Treasury has, however, not received feedback from the Office of the Attorney-General. Finally, subject to the legal advice from the Office of the Attorney-General, the National Treasury commits to disburse Ksh2 billion to the NG-CDF every week effective the week starting on 21st November 2022. Hon. Speaker, this Statement is from the CS for the National Treasury. As Hon. Members may have noted from the Statement, the National Treasury avers that they are preparing after getting an opinion. He has said: ‘Subject to the opinion of the Attorney-General, the National Treasury and Planning will embark on a disbursement plan aimed at disbursing at least Ksh2 billion’. Customarily, this is what they have done when there is a shortfall in terms of how much is to be disbursed. So, they are prepared to disburse Ksh2 billion on a weekly basis to help a catch-up. Hon. Members should note there is a proviso on subject to getting an opinion from the Office of the Attorney-General. I do not want to dwell a lot on this subject because we have held discussions outside this plenary. I am aware that we are yet to engage. Since the matter on the NG-CDF Act of 2015 is still in court, it will be important that, as we engage, to encourage the National Treasury that since the Attorney-General’s Office is just across the road, to quickly walk to his Chambers, get that opinion and advise the Committee. I want to encourage Members to leave this matter to be dealt with by the Committee. Hon. Speaker, I want to ask the Chairperson of the NG-CDF Committee to immediately write a letter to the Attorney-General and the CS for the National Treasury inviting them to a meeting. In one sitting, they can thrash out the issues that are there so that whatever opinion the Attorney-General may have, Members can engage with it in a committee with either the CS National Treasury, or the Attorney-General. If there are any challenges, including matters that are before the courts on the Constituencies Development Fund Act, 2013 or the NG-CDF Act, they can then engage and advise us through the normal channels or in plenary through a report on what actions we ought to take. It should not be lost on Members – and you had a Communication to that effect – that we had a debate on the proposals by Hon. Mule and Hon. Gichimu Githinji on the NG-CDF and NGAAF. Since there are challenges, we cannot bury our heads in the sand that there are no challenges. Those challenges continue to persist, and they are real. Therefore, it is an engagement that I want to ask the House that we engage in it in another forum, like a committee or the other informal engagements that we are having so that we do not jeopardise other engagements and matters that are in court. Thank you."
}