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{
    "id": 1476025,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1476025/?format=api",
    "text_counter": 414,
    "type": "speech",
    "speaker_name": "Sen. Osotsi",
    "speaker_title": "",
    "speaker": {
        "id": 13588,
        "legal_name": "Osotsi Godfrey Otieno",
        "slug": "osotsi-godfrey-otieno"
    },
    "content": "Thank you, Mr. Temporary Speaker, Sir, for this opportunity to also make my contribution to this Bill. I fully agree with my colleagues who have spoken before me that passing this Bill in the form it is in is actually taking away our powers as Senate. Article 96 of the Constitution gives us the powers to protect our counties and their governments. This particular amendment threatens Article 96 of the Constitution because it means that the national Government will vary the equitable share within the fiscal year without making reference to Parliament, particularly the Senate. I join my colleagues who have opposed this Bill. I clearly state that I am opposed to this amendment trying to reduce the shareable revenue from Kshs415 billion to Kshs380 billion which is an issue that we should not take lightly. Mr. Temporary Speaker, Sir, you know very well that we made a decision through the Standing Committee on Finance and Budget to give our counties Kshs415 billion. When we passed the Division of Revenue Act and it was taken to the National Assembly, we were ready to go through mediation process. However, we accepted a lower figure of Kshs400 billion shillings. The reasons that made us accept a lower figure of Kshs400 billion, are the same reasons that they are stating such as the issues of shortfall in revenue. We cannot again go below the Kshs400 billion to Kshs385 billion. I say so because of the following reasons. First, Sen. Sifuna has stated very clearly that we cannot do the process of sharing revenue twice or thrice in a year. The Constitution allows us to do it once and we already did that. We cannot be brought back here to be told to go through the same process. Secondly, since the financial year 2014/2015, the percentage equitable share compared to the ordinary revenues has been going down. We started at 22 per cent. Now, we are at 16.8 per cent. This proposal will take it further down. We will be doing injustice to our counties as Senators if we agree to lower the percentage of equitable share further to the ordinary revenues that are raised nationally. Mr. Temporary Speaker, Sir, we will also be creating an unpredictable situation in our counties in terms of revenue sources in the fiscal year. This could easily impact on the budget implementation in our counties. We will also be creating a channel for the National Treasury to vary the equitable share without reference to the Senate. Basically, by passing this Bill, we are giving away our powers. We are saying that the Senators are no longer protecting counties and are in bed with the national Government. That is what it means. Mr. Temporary Speaker, Sir, I am happy that we are in agreement with Senators from across the political divide, so far, that we should not go that route. I acknowledge the Standing Committee on Finance and Budget where my good friend, Sen. Tabitha Mutinda - the ever-smiling lady - is the Vice Chair. The Committee has stood firm and they have said they will not accept Kshs380 billion. I have looked at the report which is here and they have even amended the Bill to say they will stick with Kshs400 billion. Let us allow it to go that route. We are ready to go into mediation. This time round, those who will be selected to sit on the mediation committee should not agree to go for a lower figure. We will stick with Kshs400 billion. Even as we seek to give our counties 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."
}