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"id": 1232555,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1232555/?format=api",
"text_counter": 440,
"type": "speech",
"speaker_name": "Sen. Mumma",
"speaker_title": "",
"speaker": null,
"content": "We are at a very critical point as a Senate. We are in the final stages of the budgeting process. Contrary to those who feel that Senate does not participate in the budgeting process, this is it. We are actually participating in the legislative approval of the Finance Bills that have been put before us. It is important that we play our role during this time with a lot of passion because the role of the Senate is around the county governments. It is during this time that we are able to protect the interests of counties in terms of the equitable share that they get to receive. The equalization fund is provided for under Article 204 of the Constitution. That is one of the clauses that is extremely clear contrary to the belief that the Jubilee Government was people-centred. Four or five years after 2013, the equalization fund was operationalized. If the Government then, really cared about the marginalized and the need to bring up the areas that are marginalized, this was the one fund that should have been operationalized much earlier. The Equalization Fund Appropriation Bill before us is actually for the two years preceding, 2021/2022 and 2022/2023. In fact, we are not looking at it for the financial year beginning 2023/2024. I wish to call on all the Senators that even as we pass this Bill because it is better to have one bird in hand than chase the two in the bush. I request that we must immediately ask the Committee on Finance and Budget to go back to the drawing board and in the next few days bring the Equalization Fund Appropriation Bill for the Financial Year 2023/2024. Then we shall be up to date. Mr. Temporary Speaker, Sir, we have been told to appropriate Kshs13.8 billion, which is the amount that should go to the Equalization Fund in accordance with the provisions of the Constitution. The Constitution provides for half a per cent of the revenue collected nationally. Unfortunately, we have received a report that of the Kshs13.8 billion, Kshs3.5 billion has been hived off. I would want us to record that, that is unconstitutional. It is not up to the National Treasury to determine how much money goes to the Equalization Fund because that is provided for in the Constitution. So, the reduction of that money is unconstitutional. I wish that the Senate will carry out, bring this to the attention of the House and seek to ensure that the Kshs.3.5 billion is appropriated in later times. We need to make good or else, we are encouraging the national Government to engage in lawlessness. The last time I heard His Excellency the President William Ruto speak, he was encouraging that we respect the rule of law. The law number one that we must respect is the Constitution. In this instance, the Constitution has defined the amounts or the percentage we need to put into the equalization fund. We need that percentage to be appropriated and put in the fund in accordance with the Constitution. Mr. Temporary Speaker, Sir, I know that the fund is supposed to benefit areas that are historically marginalised. The fund is supposed to bring them to par with other more developed areas. Even though we have been given some guidance by the Commission on Revenue Allocation (CRA), it is not clear whether CRA has also put in place an index"
}