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{
    "id": 1462715,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1462715/?format=api",
    "text_counter": 284,
    "type": "speech",
    "speaker_name": "Sen. Okiya Omtatah",
    "speaker_title": "",
    "speaker": null,
    "content": "Madam Temporary Speaker, thank you for the opportunity to address this House in support of the Report that is before us for debate. Under no circumstances should we stand by as the Constitution is being violated. The Constitution is an absolute bar to what the National Assembly has attempted to do. These figures are not based on the budget of 2024/2025, which was rejected when the President declined to sign the Finance Bill into law, following the pressure by Gen Zs and others. There is no way we will peg the Equalisation Fund to the current budget. They are pegged on what has already been spent by the Government. There are constitutional requirements and you cannot depart from them. My county of Busia was supposed to get Kshs18.9 million. It is been reduced by about Kshs1.5 million to Kshs17.5million. So, Bunyala South, Malaba North and Ang’urai South which were beneficiaries, will lose out drastically. As you can see, Kshs18 million is a drop in the ocean given the challenges in these wards that were approved for Equalisation funding. I pray that this House speaks with one voice and rejects what is being done. You have also seen that the National Assembly has proceeded to do a Supplementary Appropriations Bill, which I am told the President signed into law, yet the Court of Appeal said that an Appropriations Act must contain both estimates of revenue and expenditure. The Supplementary Appropriations Act that the President has signed only contains estimates of expenditure. It is time for these people to realize that some of us will not tire from going to court to strike these unconstitutional laws down. If this particular Bill is forced through, we will be forced to call upon the Judiciary to defend the Constitution by striking it down. Madam Temporary Speaker, this House must speak with a very clear and loud voice that it is a House that respects the rule of law, it is a House that respects the Constitution of Kenya and a House that defends the Constitution of Kenya. If the National Assembly thinks it is a law unto itself, that thought must end with this Bill. I support the position that the Bill be rejected and the Constitution be upheld over everything else, not even the figures or whatever amounts of money. The trump card is that the Constitution says no and it is an absolute bar to what the National Assembly is attempting to do. They better be advised. I thank the Committee for having rejected this attempt to violate the Constitution of Kenya. We are against and are at the backdrop of demonstrations demanding that the rule of law and constitutionalism be respected. With those few words, I thank you for the opportunity. I donate my time to Sen. Olekina."
}