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{
"id": 1400517,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1400517/?format=api",
"text_counter": 205,
"type": "speech",
"speaker_name": "Sen. Maanzo",
"speaker_title": "",
"speaker": {
"id": 13589,
"legal_name": "Maanzo Daniel Kitonga",
"slug": "maanzo-daniel-kitonga"
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"content": "believe there was no sufficient public participation during the National Assembly proceedings. Madam Temporary Speaker, it should be a culture that when a law is being made for the counties and it comes to the Senate from the National Assembly, then we should do public participation, so that we can make proper amendments to this particular law, so that it gives meaning to the law itself. When you look at where delegated legislation is going to originate, it says the Cabinet Secretary may make regulations generally for the better carrying out or effect of the provisions of this Act. It does not say which Cabinet Secretary. So, who is the decision-maker on this? Is it the Cabinet Secretary for Land, Environment and Natural Resources or the Cabinet Secretary in charge of Devolution and Intergovernmental Relations? Most probably, it means the Cabinet Secretary for Land, Environment and Natural Resources, but that needs to be clarified further. We have seen quite a lot of times, almost every governor putting up a very big banner. I have seen that from the Governor of Nairobi City County and Kiambu County. Then they run many advertisements in the radio and television stations that they are going to exempt leasing taxes for a number of months and then they extend from December to January, then March. I believe these counties are losing revenue. This advertisement is going to who? Is it to the national Government institutions that have failed to pay land rates for such a long time? What happens to stadia, which occupy land in the counties and they pay land rates? Which is the Ministry in charge of this now that sports is devolved? Then, automatically, it means that the county government has something to do with that. Madam Temporary Speaker, while you were contributing, you had drawn our attention to Section 27 of this Bill, which is even worse. This particular section makes nonsense of the whole of this Bill. It subjects Kenyans to the over taxation which we see going on in the country currently. When you make laws loosely - that is why I am saying, proper public participation is important. You have a subtitle that says, “Declaration of Ratable Areas.” Then, you go ahead to say, all areas within a county government shall be ratable areas for purposes of this Act. First of all, it is a national Act because also, the national Government makes ratings at the national level. Then now, you have such a law being enacted for the counties, meaning it will be effected everywhere. It means every single agricultural land can be rated and there will be taxes from it. It means houses, towns and markets can be rated. Just as Sen. Cherarkey had said, you can rate and then overdo it. You can actually tax the rich less than the poor. You heard the contribution of Sen. Ogola that, in fact, the mama mboga selling vegetables and paying some monies every day in the market ends up paying more money than somebody who owns buildings worth billions of shillings in a market or a town. You need to balance so that there is no discrimination. The moment this rating becomes discriminative, then it becomes unconstitutional. Whether you beat up Sen. Omtatah or kill him, somebody will still go to court and say that this Act is unconstitutional. It does not matter whether Sen. Omtatah is alive or dead, his spirit lives in very many Kenyans. He works for very many Kenyans for the benefit of the nation. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}