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{
    "id": 1474458,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1474458/?format=api",
    "text_counter": 360,
    "type": "speech",
    "speaker_name": "Sen. M. Kajwang’",
    "speaker_title": "",
    "speaker": {
        "id": 13162,
        "legal_name": "Moses Otieno Kajwang'",
        "slug": "moses-otieno-kajwang"
    },
    "content": "Mr. Temporary Speaker, Sir, to me, even changing the basis, the shareable revenue is a matter we cannot accept because the revenues have already been audited and adopted. There was an actual growth in financial year 2022/2023. Of which, we must share. Additionally, the high courts have ruled on a matter of national interest. Whenever we set out to divide revenue, we first deduct some billions and call it national interest. When I joined this Senate, I must have listened to the Senator for Kakamega back then. We used to have debates on national interests. I would follow the debates and ask myself, what is this national interest that must first be deducted before revenues are divided? You would find that the National Youth Service (NYS) was part of the national interest. It ended becoming, one of the biggest corruption scandals in this country. Mr. Temporary Speaker, Sir, you would find functions that should be devolved being deducted up there as national interests on national Government programmes. When you look at it carefully, you might find that housing, the NYS, police reforms and housing for the police are part of national interests. Those are functions of the national Government and the expenditure should come from the share of the national Government. We do not have another level of government called national interests. We only have the national and county governments. I will object even to the proposed amendment as Sen. Eddy has explained to me. That the Committee on Finance and Budget has agreed to revise the shareable revenue from the figure we had approved, but has objected to revising the disbursement to the counties. You either reject it all or accept it all. Mr. Temporary Speaker, Sir, there is also the principle on who bears the shortfall on revenue. For the last 10 years of devolution, we have had that provision in DORA; that any revenue shortfall shall be borne by the national Government. Which means that any bonus in revenue collection is enjoyed by the national Government. For the last 10 years, the national Government has enjoyed the bonus without passing it down to county governments. If there will be one year of shortfall of revenue, why then should county governments take the haircut when the national Government has failed to share the bonus and largesse over the last 10 years? Many times, when you look at this DORA, we talk of a revenue growth factor. Again, in the earlier days, whenever I debated DORA, Members scrutinised the revenue growth factor. They would come here with statistics and data to challenge the figures and projections coming from the National Treasury. The principle in Clause 3 is extremely faulty and we should never accept it. We should never accept it because unlike county governments, the national Government has the opportunity to go to the markets to look for additional finances. The President can take a trip to China, sign bilateral agreements and deals and arrangements, return with Kshs300 billion. County governments cannot do so. In fact, the County Government Additional Allocations Act is so restrictive. We were having that discussion with the devolution donor working group that we have put it in such a way that once you pass the County Government Additional Allocations Act, it cannot be amended in the course of the financial year. It is my view that any Act of Parliament can be amended. However, we should take a position of principle as the Senate that an amendment should never leave any entity worse The electronic version of the Senate Hansard Report is for information purposes only.A certified version of this Report can be obtained from the Director, Hansard and Audio Services,Senate."
}