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{
    "id": 1274144,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1274144/?format=api",
    "text_counter": 592,
    "type": "speech",
    "speaker_name": "Sen. Mumma",
    "speaker_title": "",
    "speaker": null,
    "content": "law in a manner that reflects our responsibilities in Article 96 of the Constitution. We know that the Senate’s role is to represent counties and protect the interest of counties. This law must be drafted in such a way that it does not violate the provisions of the Constitution in as far as devolution is concerned. After we adjourned, I read this law. I feel that it may not have captured the basics of what we should be legislating. This is about implementing Article 204 on the Equalisation Fund. I would like to repeat that Article 204(2) states that the Equalisation Fund shall be deployed towards basic services including water, roads, health facilities and electricity to marginalised areas. Those words are very specific. Basic services include water, roads and health facilities, which are actually devolved functions. Mr. Temporary Speaker, Sir, we must make this law in a manner that respects functions between national and county Governments. We must ensure that the law does not violate the Fourth Schedule of the Constitution, as we assign responsibilities to whichever structures we are going to establish within this law. This is a national Government fund. It is reflected as such. Article 204(3) contemplates that in implementing these provisions, the national Government shall implement it either directly or indirectly through conditional grants. I expected this law to provide for two alternatives, on how matters of the Equalisation Fund can be implemented. It should have a section that gives options. If we want the national Government to implement it directly, then the requirement of the Constitution is that we must operationalise Article 187 in this law. Article 187 provides for transfer of functions and powers between levels of governments. This law has not provided any mechanism that will allow for application of Article 187. In the alternative, Article 204(3)(b) proposes that the funds can be given indirectly as conditional grants to counties. This Senate should have gone for this option because the functions that we are hoping to deliver are county functions. We should have then mentioned in option two that, these funds will be given to county governments as conditional grants ring-fenced for purposes of delivering the services provided for under Article 204. I have not seen that provided here. Mr. Temporary Speaker, Article 204 was never intended to reverse the functional assignment provided constitutionally in Schedule Four. As a Senate, we need to ensure that as we draft, we do not end up reversing the roles of national and county governments in this particular function. The law has provided for an advisory board. In the setup of that advisory board, we have a national board, the county commissioners, then at the sub-county level, we have a sub-county commissioner. He is the one who is setting up this committee. At the village level, the national Government officer is the one setting up this team. Mr. Temporary Speaker, if you read Clauses 17,18, and 19 of this Bill, you will find that we are giving to the advisory board functions to implement the projects in the delivery of services such as water. It is my view, yes, we need an advisory board but that advisory board must not be this amorphous huge parastatal that we are setting up in this law. It must be an advisory board with a lean function."
}