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{
    "id": 1286070,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1286070/?format=api",
    "text_counter": 275,
    "type": "speech",
    "speaker_name": "Sen. Osotsi",
    "speaker_title": "",
    "speaker": {
        "id": 13172,
        "legal_name": "Godfrey Osotsi",
        "slug": "godfrey-osotsi"
    },
    "content": "Some counties have set up this fund whereas others have not. However, if you read through the Bill keenly – I have spent time reading through the Bill – I am concerned that most provisions in this Bill conflict with the Public Finance Management Act. It also conflicts with the constitutional role of the Controller of Budget which is to regulate the special funds in the county. All these considerations have not been looked at in this Bill. If you read Clause 5 of the Bill – I have never seen this kind of Clause – “Where there is a conflict between the provisions of this Act and the provisions of any other law in matters relating to public health facilities improvement financing, the provisions of this Act shall prevail.” If you read the Constitution carefully, the Controller of Budget has a role in the formation of public funds in the county. Also, the County Assembly has a role in setting up the appropriate laws to manage public funds. If you read through the Public Finance Management Act and the relevant regulations, this law has not taken the set up laws and regulations take into account. I have heard the Chairperson Committee on Health stating that donors will finance the fund. We are all aware, as a Senate, that additional funds to the counties shall be taken to the counties based on the County Additional Revenue Allocation Act which is on the Order Paper. On one hand, we are saying that we need better management of funds and on the other hand we are allowing direct injection of funds into the counties. We are contradicting ourselves as the Senate. I will not join those who will support this Fund based on my experience as the Chairperson of the Committee on Public Investments and Special Funds. This Bill contradicts with what we have done and the Constitution. It is not clear on the role of the national and county governments. I wonder why we are pushing the Bill fast through this House. We reduced the public participation period and we now have five minutes to discuss the Bill and dispense with it. Yet, it is touching on serious matters that affect our counties. We have a role under Article 96 of the Constitution to protect counties."
}