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{
    "id": 1380146,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1380146/?format=api",
    "text_counter": 326,
    "type": "speech",
    "speaker_name": "Sen. Osotsi",
    "speaker_title": "",
    "speaker": {
        "id": 13588,
        "legal_name": "Osotsi Godfrey Otieno",
        "slug": "osotsi-godfrey-otieno"
    },
    "content": "Recommendation No.5 is that the National Treasury ensures that a county share of revenue raised by the national Government shall be transferred to the county without undue delay in compliance with Article 219 of the Constitution. Mr. Temporary Speaker, Sir, one of the reasons counties gave for non-remittance of funds, was delayed disbursement of sharable revenue. In that case, we propose that Article 219 be enforced. This is not just a matter of pension, but something that this House must think through. This is because the law is very clear that the money we pass when we pass the disbursement schedule, must be sent to the counties in time without due delay. The sixth recommendation is that where there is a delay in transfer of funds from the Exchequer to County Revenue Fund (CRF), any interest or penalties attributable to the delay, shall be paid by the national Government. This is a further recommendation we are giving. The seventh recommendation is that counties should ensure timely remittance of current and future pension obligations through the administrative and existing legal framework, including amendment to the law, to attach personal liability to the accounting officer in the event of non-remittance of funds once the funds have been received from the Exchequer. Mr. Temporary Speaker, Sir, it is time for the accounting officers to be accountable for not remitting statutory deductions. This recommendation deals with that. Recommendation No.8 is that the Public Finance Management Act, No.18 of 2012, be amended to provide for statutory dues such as taxes and pension deductions, as a first charge on the CRF. This is to ensure that counties pay the statutory deductions in time. Recommendation No.9 is that the Controller of Budget (CoB) to ensure monthly payroll payments request are inclusive of any statutory dues deduction contribution before authorizing withdrawals, and to monitor payment of the same once funds are released. This is very important because people have been asking how is it that the CoB is approving requests without factoring in the payment of statutory deduction. This recommendation will deal with that bit. Recommendation No.10 is that the national Government, through the National Treasury, considers issuing conditional grants to counties for settlement of pension liability owed pre-devolution. However, for counties to be eligible to access the above conditional grants, the county has to produce clearance certificates or documents showing that they have cleared all the statutory duties, including tax and pension contributions that were accrued in the post-devolution period. Counties had a problem paying debts before devolution. We are proposing that we have a conditional grant to help counties clear these debts. However, before they are given this conditional grant, they must demonstrate that they have cleared debts which they have incurred during post-devolution period. Recommendation No.11 is that Parliament shall initiate amendments to the Kenya Revenue Authority Act, No. 2 of 1995, to anchor the collection of unremitted"
}