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"id": 1232557,
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"speaker_name": "Sen. Mumma",
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"content": "that can assist the Senate to know that marginalised area ‘x’ has since moved from point ‘a’ to ‘b’; and now is still either on the schedule of the marginalised or it is not. As we think through how the Senate will oversight the implementation of these funds to counties, we should get a Special Committee to put an index that will assist us to be able to tell Kenyans that this fund was intended to bring certain levels of development and it has done so or it has failed. This is also a fund that is also supposed to be implemented by the county as a conditional grant, moving it from the national Government to counties. I am aware the National Assembly is also trying to come up with a Bill, to try and get the equalization fund implemented as Constituency Fund. Whereas we note that the marginalised areas identified by CRA are situated in constituencies, I would urge that the Senate ensures that we stick to the provisions of the Constitution on this fund. The Constitution is very clear. It is a national fund, but it is supposed to be given to counties as a conditional grant towards the implementation of several devolved functions. These includes water, roads, health facilities, electricity and so on. It says; “Including water and roads”, which means that CRA must not be fixated with only the ones which have been named here. The CRA should find other matrices, criteria or indicators that can help us to identify marginalisation and include them in this decision. Mr. Temporary Speaker, Sir, the equalization fund has a sunset clause. It is expected to come to an end after 20 years. However, this fund was not implemented by the Jubilee Government, which was there for 10 years. I would ask the Senate to consider passing a law recommending either the extension of the time because now we have about seven to eight years to go since promulgation of the Constitution. Either we extend this term to ensure that the 20 years are achieved or get the Government to commit to deploy all the arrears within the next seven years. As I speak, the arrears are approximately Kshs43 billion in 2023. These are funds which should have been put in the equalization fund, but they were not. Therefore, they were not deployed to the marginalised counties. I have heard a few Senators from different counties also feel that they come from counties with marginalized areas. They feel that they have been excluded in the 1,414 marginalised areas that have been identified by CRA. I suggest that the Senate looks at this issue in a more scrutinised manner to ensure that we are not excluding any marginalised area in a county because the formula of CRA did not capture a marginalised issues in a particular area. As we come up with those indices or indicators on marginalisation, I request that the Senate urges CRA to also include indices like gender, disability, minority, ethnicity and so on, as parameters in considering marginalisation. Overall, I request the Senate and the Senators to request the Committee on Finance and Budget to immediately bring the Equalization Fund Appropriation Bill for the year 2023/2024 for consideration. It should also bring the issue of the outstanding Kshs43 billion that needs to be given to counties. It should start the consultations to"
}