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{
    "id": 1238946,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1238946/?format=api",
    "text_counter": 250,
    "type": "speech",
    "speaker_name": "Ainabkoi, UDA",
    "speaker_title": "Hon. Samwel Chepkonga",
    "speaker": null,
    "content": " Thank you, Hon. Temporary Speaker. As I was saying, the NG-CDF is not an equalization fund where people say we have so many schools. This is a constituency development fund. That means we must allocate these resources in accordance with the existing constituencies. The amendment that we carried in 2017 that stated that the fund will be allocated on the basis of the existing 290 constituencies is the correct amendment. If the allocation of the fund this year is Ksh44 billion, then it should be divided by the 290 constituencies. Secondly, if someone thinks that their constituency is disadvantaged then they must apply to the Equalization Fund or use other criteria through the ministries. This Bill is totally faulty because once you use the criterion of counties, you will have involved the Senate. This Bill was never sent to the Senate. I am informed that there was no concurrence between the Speakers of the National Assembly and the Senate. If I was to challenge this Bill in a court of law, it would fail on the same basis. Once you mention wards, it falls under the jurisdiction of counties. The Constitution is very clear that the National Assembly has no powers to independently pass a law that touches on counties. It has to refer that law to the Senate. Some of the faulty provisions that are passed in this House are not on the basis of numbers. For instance, 100 people cannot agree to pass an unconstitutional Bill and expect us to comply. We must avoid the business of being isolationists in prosecuting matters but instead be inclusive. It does not matter whether a constituency in Mandera has two or three wards or has 21,000 voters. There was a criterion that was used in the Constitution to create that constituency. In the passing of an Act, if there is a problem, the solution is to amend the Constitution and not numbers. Passing an unconstitutional Act is unacceptable. I, therefore, support this Report. I thank you, Hon. Temporary Speaker."
}